WI-LAN Inc. v. Alcatel-Lucent USA Inc. et al

Filing 450

Minute Entry for proceedings held before Judge Leonard Davis: Day 4 of Jury Trial held on 7/11/2013. (Court Reporter Shea Sloan & Judy Werlinger.) (cwk)

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
TYLER DIVISION
DATE:

July 11, 2013

LEONARD DAVIS
Judge Presiding
Court Reporter: Shea Sloan & Judy Werlinger
Judicial Assistant: Carrie King

Law Clerk: Josue Caballero
Chief Staff Attorney: Nicole Mitchell
WI-LAN, INC.

CIVIL ACTION NO: 6:10cv521
JURY TRIAL – DAY 4

V.
ALCATEL-LUCENT USA, INC., ET AL.
WI-LAN, INC.

CIVIL ACTION NO: 6:13cv252
JURY TRIAL – DAY 4

V.
HTC CORPORATION, ET AL.
ATTORNEYS FOR PLAINTIFF

ATTORNEYS FOR DEFENDANTS

SEE SIGN-IN SHEETS

On this day, came the parties by their attorneys and the following proceedings were had:
OPEN: 8:27 AM
TIME:
8:27 AM

ADJOURN:

5:23 PM

MINUTES:
Trial resumed.
HEARING OUTSIDE THE PRESENCE OF THE JURY.
Greg Arovas announced that Defendants filed Motions for Judgment as a Matter of Law in
accordance with the Court’s instruction but some issues were omitted. Mr. Arovas requested
permission to file supplemental briefing. Court will allow supplemental brief to be filed.

8:29 AM

Jury Panel seated in Courtroom.
Robert Appleby resumed direct examination of STEPHEN WICKER.
Mr. Appleby passed the witness.

9:54 AM

Jury Panel excused for morning break.
Court in recess.

10:11 AM

Trial Resumed. Jury Panel seated in Courtroom.
Cross examination of STEPHEN WICKER by David Weaver.
Mr. Weaver passed the witness. Redirect by Mr. Appleby.
Mr. Appleby passed the witness. Recross by Mr. Weaver.

TIME:

MINUTES:
Mr. Weaver moved to admit Plaintiff’s Exhibit 173. No objection. Exhibit admitted.
Mr. Weaver passed the witness. Redirect by Mr. Appleby.
Mr. Appleby passed the witness. No further questions.
Court instructed the jurors to turn in their witness questions. Questions received.

11:12 AM

Jury Panel excused from the Courtroom.
Court read the first jury question to the parties. No objection from Defendants. Mr. Weaver
responded. Syed Fareed made objection for Plaintiff. Overruled.
Court read the second jury question to the parties. No objection.
Court read the third jury question to the parties. No objection.
Court read the fourth jury question to the parties. No objection.
Court read the fifth jury question to the parties which was crossed out and will not be asked.
Court read the sixth jury question to the parties. No objection.

11:17 AM

Jury Panel seated in the Courtroom.
Court read the first jury question to the witness. Witness responded.
Court read the second jury question to the witness. Witness responded.
Court read the third jury question to the witness. Witness responded.
Court read the fourth jury question to the witness. Witness responded.
Court read the sixth jury question to the witness. Witness responded.
No further questions from Defendants. Recross by Mr. Weaver.
Mr. Weaver passed the witness. No further questions.
Richard Wynne called JAMES OLIVIER to the witness stand. Witness previously sworn.
Direct examination of JAMES OLIVIER by Mr. Wynne. Witness tendered as an expert.
Mr. Wynne passed the witness. Cross examination by Mr. Borgman.
Mr. Borgman passed the witness. Redirect by Mr. Wynne.
Mr. Wynne passed the witness. Recross by Mr. Borgman.
Mr. Borgman passed the witness. Redirect by Mr. Wynne.
Mr. Wynne passed the witness. Recross by Mr. Borgman.
Mr. Borgman passed the witness. No further questions.
Court instructed the jurors to turn in their witness questions. No questions received.

12:25 PM

Jury excused for lunch. Court in recess.

1:05 PM

Trial resumed. Jury Panel seated in Courtroom.
Martin Bader for Defendant HTC called ROBERT AKL to the witness stand. Direct
examination of ROBERT AKL by Mr. Bader.
Mr. Bader passed the witness. Cross examination by Mr. Borgman.
Mr. Borgman passed the witness. Redirect by Mr. Bader.
Mr. Bader passed the witness. No further questions.
Court instructed the jurors to turn in their witness questions. One question received.

TIME:

MINUTES:
Court requested counsel to approach the bench. Bench conference held.
Court read the juror question to the witness. Witness responded.
Redirect by Mr. Bader. No further questions for the witness.

2:16 PM

Mr. Arovas called DAVID BRANT by video deposition. Video Deposition of DAVID
BRANT played for the Jury. (1 Minute – Defendants).
Mr. Arovas called CHRISTIAN DUBUC by video deposition. Video Deposition of
CHRISTIAN DUBUC played for the Jury. (3 Minutes – Defendants).
Mr. Arovas called WILLIAM MIDDLETON by video deposition. Video Deposition of
WILLIAM MIDDLETON played for the Jury. (4 Minutes – Defendants).
Jeanne Heffernan called CHRISTOPHER BAKEWELL to the witness stand. Witness
previously sworn. Direct examination of CHRISTOPHER BAKEWELL by Ms.
Heffernan.
Jury excused for break. Court in recess.

2:33 PM

Trial resumed. Jury Panel seated in Courtroom.
Ms. Heffernan resumed direct examination.
Ms. Heffernan passed the witness. Cross examination by Connie Huttner.
Ms. Heffernan requested to approach the bench. Bench conference held.
Ms. Huttner resumed cross examination.
Ms. Huttner passed the witness. Redirect by Ms. Heffernan.
Ms. Huttner requested to approach the bench. Bench conference held.
Ms. Heffernan resumed redirect.
Ms. Heffernan passed the witness. No further questions.
Court instructed the jurors to turn in their witness questions. No questions received.
Bruce Sostek called STEPHEN BECKER to the witness stand. Witness sworn. Direct
examination of STEPHEN BECKER by Mr. Sostek. Witness tendered as expert.
Mr. Sostek passed the witness. Cross examination by Avelyn Ross.
Ms. Ross passed the witness. Redirect by Mr. Sostek.
Mr. Sostek passed the witness. Recross by Ms. Ross.
Ms. Ross passed the witness. No further questions.
Court instructed the jurors to turn in their witness questions. Question received.

5:19 PM

Court addressed the jury and gave some brief instructions. Trial will begin at 9:00 AM
tomorrow.
Jury excused for the day.
Court read one jury question which was crossed out and will not be asked.

5:23 PM

Court addressed the parties and gave the parties their times: Plaintiff has used 12 hours 53
minutes; Defendants 12 hours 53 minutes.
Court inquired regarding remaining witnesses. Mr. Arovas responded. Mr. Weaver
responded. Court inquired regarding closing arguments. Mr. Hill responded. Mr. Arovas
responded.
There being nothing further, Court adjourned for the day.