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

Filing 492

RESPONSE to Motion re 481 MOTION for New Trial CONCERNING THE NON-INFRINGEMENT OF CERTAIN CLAIMS OF U.S. PATENT NOS. 6,088,326; 6,222,819; 6,195,327 AND 6,381,211 filed by Alcatel-Lucent USA Inc., Ericsson Inc., Exedea INC., HTC America, Inc., HTC Corporation, Sony Mobile Communications (USA) Inc., Sony Mobile Communications AB, Telefonaktiebolaget LM Ericsson. (Attachments: # 1 Exhibit A: Markman Transcript, # 2 Exhibit B: Trial Transcript, # 3 Exhibit C: Trial Transcript, # 4 Exhibit D: Trial Transcript, # 5 Exhibit E: Trial Transcript, # 6 Exhibit F: PX 1, # 7 Exhibit G: PX 2, # 8 Exhibit H: PX 3, # 9 Text of Proposed Order)(Heinlen, James)

EXHIBIT B

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

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WI-LAN, INC.

)

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DOCKET NO. 6:10cv521
-vs-

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)

Tyler, Texas
ALCATEL-LUCENT USA, INC.,
8:50 a.m.
ET AL
)
July 10, 2013
******************************************************
WI-LAN, INC.
)
DOCKET NO. 6:13cv252
-vs)
HTC CORPORATION,
ET AL
)

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TRANSCRIPT OF TRIAL
MORNING SESSION
BEFORE THE HONORABLE LEONARD DAVIS,
UNITED STATES CHIEF DISTRICT JUDGE, AND A JURY

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COURT REPORTERS:

MS. SHEA SLOAN
MS. JUDY WERLINGER
211 W. Ferguson
Tyler, Texas 75702
[e-mail]

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Proceedings taken by Machine Stenotype; transcript was
produced by a Computer.

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A.

I don't think I've ever characterized myself

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that way.

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study the issues, and I get paid by my firm.

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My firm gets paid for the time I devote to

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But Wi-LAN doesn't pay me money.

The lawyers

don't pay me money.
Q.

I wasn't trying to trick you.

I was simply

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saying you're here on the testimony -- giving your

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testimony as a damages expert, and you get paid to do

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that, right?

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THE COURT:

fairly close to the microphone so we can hear you.

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Mr. Findlay, you need to stay

MR. FINDLAY:
Q.

Sorry, Your Honor.

(By Mr. Findlay) And you're paid to be a

damages expert in this case, correct?
A.

No.

I get paid to do a damages analysis, and

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part of that might be to provide my opinions in a court

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like this.

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Q.

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Perfect point.
But you just answered my co-counsel's

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questions, and you basically just said that you don't

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have an ultimate opinion with respect to damages for any

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of the Defendants in this case, correct?

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A.

That's correct.

I have inputs that the jury

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can consider, useful information that they consider, but

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I don't have a reasonable royalty recommendation.

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CERTIFICATION

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I HEREBY CERTIFY that the foregoing is a

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true and correct transcript from the stenographic notes

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of the proceedings in the above-entitled matter to the

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best of our abilities.

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/s/ Shea Sloan
SHEA SLOAN, CSR

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Official Court Reporter
State of Texas No.:

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Expiration Date:

3081

12/31/14

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/s/ Judith Werlinger
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JUDITH WERLINGER, CSR
Deputy Official Court Reporter

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State of Texas No.:
Expiration Date

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731

12/31/14