Ultratec, Inc. et al v. Sorenson Communications, Inc. et al

Filing 516

ORDER on Conduct of Trial. Signed by District Judge James D. Peterson on 9/26/2015. (Attachments: # 1 Voir Dire Questions, # 2 Introductory Jury Instructions) (AEB)

IN THE UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF WISCONSIN

ULTRATEC, INC. and CAPTEL, INC.,
Plaintiffs,

VOIR DIRE

v.
14-cv-66-jdp
SORENSON COMMUNICATIONS, INC. and
CAPTIONCALL, LLC,
Defendants.

Introduction
This is a patent lawsuit involving captioned telephone services for people who
are deaf or hard-of-hearing. A captioned telephone allows you to talk on the
phone while you see captions of the words of the other speaker. The plaintiffs,
Ultratec, Inc. and CapTel, Inc. hold a patent on a method of providing
captioned telephone service. Plaintiffs contend that defendants Sorenson
Communications, Inc. and CaptionCall, LLC, infringe that patent. Defendants
contend that the patent is invalid.
1.

Have any of you ever heard of this case before today? Follow up at sidebar.

Jurors’ capacity to serve
2.

The trial of this case will begin today and will likely last eight days, until
next Wednesday. Is there any one of you who would be unable to serve as a
juror during this time?

3.

Does anyone have difficulty reading, hearing, or understanding the English
language?

4.

Does anyone have an eyesight condition that would make it difficult for
them to see written or printed materials, or to view such information on a
screen?

5.

Does anyone have a hearing condition that would make it difficult for them
to hear oral testimony from witnesses or instructions from the Judge?
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Knowledge of parties and others
6.

Ask counsel to stand and tell the jury where they practice and with whom.
Ask panel whether anyone knows counsel or their associates or partners.

7.

Ask counsel to introduce the parties. Ask panel whether anyone knows any
of the parties. Have you or anyone close to you ever worked for one of
these companies? Do you have any opinions about any of these companies
that might be relevant to this case?

8.

The witnesses in the case may include the following individuals. (Read list
of witnesses.) Do any of you know any of the witnesses?

9.

Do any of you know the judge or court personnel?

10.

Do any of you know any of the other people on the jury panel?

11.

In deciding this case, would you feel any bias for or against a company
based here in Madison? Would you feel any bias for or against a company
based somewhere else?

Questions to each prospective juror (listed on a sheet provided to jurors):
Please stand up and tell us about yourself:
12.

Name, age, and city or town of residence.

13.

If you live in Madison, how long have you lived here?

14.

If you have lived in the area for less than ten years, where have you lived
before?

15.

Marital status and number of children, if any.

16.

Current occupation (former if retired or currently unemployed).

17.

Current (or former) occupation of your spouse or domestic partner.

18.

If you have adult children, what do they do?

19.

How far you went in school and major areas of study, if any.

20.

Any military service, including branch, rank and approximate date of
discharge.
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21.

Have you, a relative, or a close friend ever been employed by the
government?

22.

Have you, a relative, or a close friend ever owned a business?

23.

Memberships in any groups or organizations.

24.

Hobbies and leisure-time activities.

25.

Favorite types of reading material, including books, newspapers, magazines,
books, internet websites or blogs.

26.

Main sources of news, including television, radio, internet sites, or
newspapers.

27.

Do you regularly read news about: business, technology, or computers?

28.

Have you ever written a letter to the editor in a newspaper or magazine?

29.

Do you regularly use the internet to visit sites other than e-mail or personal
business? If so, what types of sites you visit most often?

30.

Favorite types of television shows.

31.

Do you listen regularly to talk radio or watch cable television news channels
regularly? Which programs?

32.

Do you have any bumper stickers on your car? If so, what do they say or
depict?

Case-specific questions to the panel
Jurors may request that sensitive topics be addressed at side-bar
Litigation experience and opinions
33.

Have you, a relative, or a close friend been a party to a lawsuit?

34.

Have you, a relative, or a close friend ever been a witness in a lawsuit?

35.

Have you, a relative, or a close friend served on a jury? Follow up: nature of
the case; find for plaintiff or defendant; were you the foreperson?

36.

Do you have strong opinions, whether positive or negative, about people
who go to court to obtain relief for wrongs they believe they have suffered?

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Specialized knowledge or experience
37.

Are you, a relative, or a close friend a person with a disability? If yes, do
you or does that person use any assistive technology to help with the
disability?

38.

Do you have any knowledge or experience in dealing with the Americans
with Disabilities Act (ADA)?

39.

Do you, a relative, or a close friend have hearing loss? Or are you, a
relative, or a close friend deaf or hard-of-hearing? Does this person use
assistive technology or a device to improve their hearing?

40.

Have you, a relative, or a close friend ever used captioned telephone service
or other assistive technology to place or receive a telephone call?

41.

Have you, a relative, or a close friend ever had education, been employed,
trained, or had any experience in any of the following areas?
a. Law
b. Engineering
c. Computer engineering, programming, Information Technology, software
programming or engineering
d. Telecommunications
e. Telephone design
f. TDD or Captioned telephone services or captioning technology
g. Assistive technology
h. Any field related to providing services or care to those with hearing
impairment or loss
i. Voice signal processing
j. Echo cancellation software
k. Accounting, finance, or economics

42.

Have you, a relative, or a close friend tried to make or sell a new product or
invention?
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43.

Have you, a relative, or a close friend ever applied for a patent, been listed
as an inventor on a patent, or owned a patent?

44.

Does your employer own patents? Do you have any personal involvement
with these patents?

45.

Have you, a relative, or a close friend been involved in any dispute over
rights to an invention or a patent?

46.

Have you, a relative, or a close friend had any experience with the United
States Patent and Trademark Office?

47.

Do you have any strong opinions about the United States patent system or
patents generally?

Conclusion
48.

You will be instructed to not seek out information regarding this case or the
parties outside the information you receive in this lawsuit. Will any if you
have difficulty following this instruction?

49.

At the end of the case, I will give you instructions that will govern your
deliberations. You are required to follow those instructions, even if you do
not agree with them. Is there any one of you who would be unable or
unwilling to follow my instructions?

50.

Do any of you have any religious, philosophical, or other beliefs that would
prevent you from judging the truthfulness of a witness or from acting as an
impartial juror in this case?

51.

Do you know of any reason whatsoever why you could not sit as a trial
juror with absolute impartiality to all the parties in this case?

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