2019-10-28 Initial Pre-Trial Conference Minutespdf
2019-10-28 Initial Pre-Trial Conference Minutespdf
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  1. 1 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS MARSHALL DIVISION SEMCON IP INC. v. ASUSTEK COMPUTER INC. § § § § § § Case No. 2:18-cv-193- JRG MINUTES FOR INITIAL PRETRIAL CONFERENCE HELD BEFORE U. S. DISTRICT JUDGE RODNEY GILSTRAP October 28, 2019 OPEN: 10:11a.m. ADJOURN: 11:01 a.m. ATTORNEYS FOR PLAINTIFF: See attached. ATTORNEYS FOR DEFENDANT: See attached. LAW CLERKS: Taylor Fitzner Adam Ahnhut COURT REPORTER: Shelly Holmes, CSR-TCRR COURTROOM DEPUTY: Jan Lockhart Case 2:18-cv-00193-JRG Document 142 Filed 10/28/19 Page 1 of 2 PageID #: 3853
  2. 2 TIME MINUTES 10:11 a.m. Court opened. Mr. Truelove and Ms. Smith introduced co-counsel. Counsel announced ready for the hearing. The Court gave the parties instructions for Jury Selection and Trial Jury Selection will be held on Monday, December 9, 2019 at 9:00 a.m. Opening statements and evidence are scheduled to begin after Jury Selection. The Court and staff are in chambers each morning at 7:30 a.m. The trial will start each day at 8:30 a.m. Exhibits used the prior day will be read into the record prior to the jurors returning to the courtroom (usually around 8:15 a.m.). The Court allotted 11 hours per side to try the case (this time does not include the time for voir dire, opening statements and closing arguments); 30 minutes a side for voir dire (of this time, a 3-minute, high level, overview of the case may be given); 30 minutes for opening statements and 40 minutes a side for closing arguments; 8-member jury to be selected (four strikes per side); procedures for disputes discussed. Court to be notified by 10:00 p.m. each night of disputes re demonstratives to be used the next day, or that there are no disputes. Binders with disputed information are to be prepared and submitted to the Court at 7:00 a.m. the following day. Deposition disputes are to be given to the Court the day before they are going to be used. Rule 50(a) motions will be heard after ALL evidence is concluded. The informal charge conference will be held in chambers after Rule 50(a) motions are heard. A formal charge conference will follow afterward. The Court discussed policies and the Standing Order regarding the sealing of the courtroom. Juror questionnaires and the manner of use thereof were discussed, i.e., copies of the Juror Questionnaire may be obtained from the Deputy-in-Charge, Kecia Clendening. Juror notebooks are to be prepared by counsel and delivered to the Court by 12:00 p.m. on December 5, 2019. Each notebook should include the Patents-in-Suit, the Court’s claim construction chart, tabbed witness pages (each witness page should contain a head and shoulders photograph of the witness followed by ruled lines on the remainder of the page), a 3-hole punched legal pad and a non-clicking pen. The Court also gave guidance regarding expert witness testimony. Only exhibits used during the trial will be considered part of record. Parties should be prepared to read into the record exhibits used prior day before the Jury returns to the courtroom. 10:30 a.m. The Court heard argument on the Opposed Sealed Patent Motion for Leave to Serve Amended Initial Disclosures and to Produce Discovery Out of Time filed by Asustek Computer Inc. (Dkt. No. 108). Mr. Malin argued on behalf of Defendants. Mr. Fabricant argued on behalf of Plaintiff. The Court DENIED the motion. 11:00 a.m. The Court ORDERED the parties to return to mediation. Pretrial Conference will be rescheduled at a later date. Parties are to notify the Court within 10 days of the status of the disputes and mediation. 11:01 a.m. Court adjourned. Case 2:18-cv-00193-JRG Document 142 Filed 10/28/19 Page 2 of 2 PageID #: 3854
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