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`1
`IN THE UNITED STATES DISTRICT COURT
` FOR THE DISTRICT OF DELAWARE
`IPA TECHNOLOGIES, INC., ) Trial Volume I
` )
` Plaintiff, )
` ) C.A. No. 18-1-RGA
`v. )
` ) JURY TRIAL DEMANDED
`MICROSOFT CORPORATION, )
`)
` Defendant. )
`J. Caleb Boggs Courthouse
`844 North King Street
`Wilmington, Delaware
`Monday, May 6, 2024
`9:53 a.m.
`Jury Trial
`BEFORE: THE HONORABLE RICHARD G. ANDREWS, U.S.D.C.J.
`APPEARANCES:
`BAYARD, P.A.
` BY: EMILY L. SKAUG, ESQUIRE
`-and-
`SKIERMONT DERBY LLP
`BY: PAUL SKIERMONT, ESQUIRE
`BY: JAIME OLIN, ESQUIRE
`BY: STEVEN W. HARTSELL, ESQUIRE
`BY: KEVIN POTERE, ESQUIRE
`BY: TODD MARTIN, ESQUIRE
`
` For the Plaintiff
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`2
`APPEARANCES CONTINUED:
`MORRIS NICHOLS ARSHT & TUNNELL LLP
`BY: RODGER D. SMITH, II, ESQUIRE
`-and-
`SIDLEY AUSTIN
`BY: MICHAEL BETTINGER, ESQUIRE
`BY: JOSEPH A. MICALLEF, ESQUIRE
`BY: NATHANIEL C. LOVE, ESQUIRE
`-and-
`CEDEROTH LAW
`BY: RICHARD A. CEDEROTH, ESQUIRE
`-and-
`WINSTON & STRAWN
`BY: SCOTT BORDER, ESQUIRE
` For the Defendant
`*** PROCEEDINGS ***
`DEPUTY CLERK: All rise. Court is now in
`session. The Honorable Richard G. Andrews presiding.
`THE COURT: Good morning, everyone. Please be
`seated.
`So good morning, ladies and gentlemen of the
`jury panel here. My name is Richard Andrews. I'm a judge
`of the court here. We're going to select a jury in a civil
`case that's called IPA Technologies versus Microsoft. It's
`an action for patent infringement under the laws of the
`United States relating to patents. And the Plaintiff in
`this case is IPA Technologies, which I'm going to call IPA.
`And the Defendant is Microsoft.
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`3
`For those of you who are selected to serve as
`jurors, I will be giving you more detailed instructions once
`you're sworn in and then again at the conclusion of the
`trial. For now, I will simply tell you that IPA accuses
`Microsoft of infringing certain claims of an IPA patent.
`Microsoft asserts that it does not infringe these claims and
`these claims are invalid.
`Now, before I go any further, I do want to say
`if any of you have, you know, an iPhone or some other kind
`of portable electronic device on you, don't use it to look
`up anything about this case while we're talking about it.
`I'm going to tell you later, if you're selected as a juror,
`you can't use -- you can't do any research on your own, and
`so you shouldn't start violating that rule right now. Of
`course, you shouldn't violate it, period.
`So in any event, in terms of selecting a jury,
`I'm going to ask you a series of questions to help in the
`jury selection process, and the first thing I'm going to ask
`of all of you is to answer the questions truthfully and to
`the best of your ability. And so for that purpose, I'm
`going to ask the deputy clerk to swear you in.
`Can we do that, please?
`DEPUTY CLERK: Members of the jury panel, will
`you please rise and raise your right hand?
`Do you and each of you do solemnly swear, those
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`4
`of you who swear, and you and each of you do affirm, those
`of you who affirm, that you will true answer make to such
`questions as may be asked to you touching the matter now
`before the Court, so help you God, those of you who swear,
`and you do so affirm, those of you who do affirm.
`The correct response is "I do."
`VENIRE JURY: I do.
`THE COURT: All right. Have a seat.
`So basically I've got a series of questions,
`maybe about 25 in all, and as I -- I'm going to ask them one
`at a time. And when I do, if your answer to the question is
`"yes," I want you to raise your hand. And I will go around,
`find out what your juror number is, which should be a number
`somewhere between about 1 and 32. And I'm going to make --
`we're going to make a record of who answers the questions
`"yes."
`After we've gone through this process, then
`there will be another process where I talk to at least some
`of you who have answered the questions sort of in my jury
`room, not out in the public here.
`So for right now, though, if your answer is
`"yes," all I want to know is that's the answer. I don't
`want an explanation. Okay?
`And I will note that in some of the questions,
`I'm really just asking about you. In others of them, I'm
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`5
`asking about what I will call your immediate family members,
`by which I mean your spouse, your child, your parent, or
`your sibling.
`So by way of further background, the
`presentation of evidence in this case is expected to take
`four days, starting today, so that presentation should be
`completed by Thursday. And closing arguments are scheduled
`for Friday morning. And after that, you will have the case
`to deliberate on. It's possible your deliberations could
`extend into next week. That will be up to the jury.
`The schedule that I expect to keep from Monday
`through Thursday -- I guess Monday's already partly used up
`here -- is that we will have a morning break of 15 minutes,
`a lunch break of 45 minutes, and an afternoon break of
`15 minutes. We're going to start each day at 9:30. And
`we'll finish no later than 5:00 p.m. each day.
`So the first question is: Does the schedule
`that I've just described to you present a special hardship
`to you?
`If so, raise your right hand.
`All right. Starting in the second row. And
`sometimes I have trouble telling whether a raised hand --
`which row it's in.
`But in the corner, you, ma'am, what's your
`number?
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`PROSPECTIVE JUROR: 8.
`THE COURT: And next to you?
`PROSPECTIVE JUROR: 9.
`THE COURT: And next to you?
`PROSPECTIVE JUROR: 10.
`THE COURT: All right. And in the third row in
`the corner, ma'am?
`PROSPECTIVE JUROR: 21.
`THE COURT: And I'm just going to -- I think I
`see -- everyone else looks to me like they're in the back
`row.
`In the far corner?
`PROSPECTIVE JUROR: 29.
`THE COURT: And you, ma'am?
`PROSPECTIVE JUROR: 31.
`THE COURT: And you, ma'am?
`PROSPECTIVE JUROR: 32.
`THE COURT: All right. I think I skipped
`someone there. You two, in the far -- on the right, you,
`ma'am?
`PROSPECTIVE JUROR: 20 -- 28.
`THE COURT: Okay. Sorry. And you, sir?
`PROSPECTIVE JUROR: 26.
`THE COURT: All right. Is there any other
`hands?
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`7
`Okay. Got everybody.
`All right. So have you heard or read anything
`about this case?
`No response.
`I'm going to ask the lawyers to introduce
`themselves and their law firms, and I'm going to start with
`the Plaintiff, IPA.
`Mr. Skiermont?
`MR. SKIERMONT: Good morning, ladies and
`gentlemen. My name is Paul Skiermont from the Skiermont
`Derby firm. With me is my partner, Steven Hartsell, and
`also from the Bayard firm is Emily Skaug. And we might have
`other people coming in and out throughout the week, and they
`will be sure to introduce themselves when they get here.
`Thank you.
`THE COURT: All right. Thank you,
`Mr. Skiermont.
`And for the Defendant, Mr. Smith?
`MR. SMITH: Good morning, ladies and gentlemen.
`My name is Rodger Smith. I'm a lawyer here in Wilmington,
`Delaware. My associate, Travis Murray, also works on the
`case. I'm proud to be joined here by my co-counsel Michael
`Bettinger, Joseph Micallef, and in the back, Rick Cederoth
`and Scott Border. Those are the main people. There will be
`others coming and going, just like Mr. Skiermont said.
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`8
`THE COURT: All right. Thank you, Mr. Smith.
`So do any members of the panel know any of these
`attorneys, or have you or any immediate family member that
`you know about had any business dealings with or been
`employed by any of these attorneys or their respective law
`firms?
`No response.
`Have you or any member of your immediate family
`ever been employed by IPA or its parent company, which is
`called WiLAN, or by Microsoft?
`No response.
`Have you or any immediate family members ever
`had a business relationship with IPA, WiLAN, or Microsoft?
`Yes, ma'am. What's your number? Sorry.
`PROSPECTIVE JUROR: 9.
`THE COURT: 9, thank you.
`Anybody else?
`No further response.
`Have you or any immediate family member ever
`owned stock in IPA, WiLAN, or Microsoft?
`Okay. I see Number 9 there.
`And you, sir?
`PROSPECTIVE JUROR: 20.
`THE COURT: Was it 20?
`PROSPECTIVE JUROR: Yes.
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`9
`THE COURT: All right. And back in the corner?
`PROSPECTIVE JUROR: 29.
`THE COURT: Okay. Anybody else?
`No further response.
`Have you ever had any experience, good or bad,
`including as a customer, with IPA, WiLAN, or Microsoft that
`might make it difficult for you to be a fair and impartial
`juror in this case?
`In the back row, ma'am.
`PROSPECTIVE JUROR: 32.
`THE COURT: Anybody else?
`No further response.
`In general, do you have any negative opinions or
`perceptions of Microsoft, IPA, or WiLAN?
`No response.
`So I have a list of potential witnesses here.
`I'm going to read their names. As far as I know, none of
`them actually live in Delaware, but you may know them from
`somewhere anyhow.
`So the names are Dan Albrecht, Greg Allenby,
`Marcus Ash, Stephen Becker, Douglas Bercow, Adam Cheyer, Jon
`Hamaker, James Howell, David Kennedy, Henry Lieberman,
`Kathleen Magnusson, John Maly, Alex Marin, David Martin,
`Nenad Medvidovic, Andrew Parolin, Raymond Perrault, Rebecca
`Reed-Arthurs, Katia Sycara, Victoria Taranov, Michael Zhang.
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`10
`You think you know any of those people, raise
`your hand.
`Nobody is raising their hand.
`Okay. So switching over to a different topic
`here.
`Have you or any immediate family member worked
`for the United States Patent and Trademark Office?
`No response.
`Have you or any immediate family member ever
`filed for a patent, had any experience with the patent
`system, or been involved in a dispute about patent rights?
`All right. Yes, ma'am?
`PROSPECTIVE JUROR: 15.
`THE COURT: 15. Thank you.
`And, yes, you, ma'am?
`PROSPECTIVE JUROR: 21.
`THE COURT: Anybody else?
`No further response.
`Have you ever been involved in inventing a new
`product, technology, or process?
`You, sir?
`PROSPECTIVE JUROR: 20.
`THE COURT: And you, ma'am?
`PROSPECTIVE JUROR: 9.
`THE COURT: And no further response.
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`11
`Do you hold any opinions about patents, patent
`rights, or the United States Patent and Trademark Office
`that might make it difficult for you to be a fair and
`impartial juror in this case?
`No response.
`Do you hold any opinions or beliefs about how
`difficult it is for a person to receive a patent or about
`patent application process -- or about the patent
`application process generally?
`All right. I see Number 9 there.
`Anybody else?
`No response.
`Have you ever worked in computer engineering
`computer science, or computer programming, information
`systems or technology, or software engineering or software
`development?
`All right. Let's start in the first row.
`PROSPECTIVE JUROR: 3.
`THE COURT: And, yes, in the first row.
`PROSPECTIVE JUROR: 7.
`THE COURT: 7.
`PROSPECTIVE JUROR: 6.
`THE COURT: And you next to her?
`PROSPECTIVE JUROR: 6.
`THE COURT: All right. Anybody else?
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`12
`I don't see any other hands.
`Have you served on a civil jury within the last
`15 years or so?
`All right. In the second row. You, ma'am?
`PROSPECTIVE JUROR: 12.
`THE COURT: And you, sir?
`PROSPECTIVE JUROR: 14.
`THE COURT: And I thought I saw another hand.
`You, sir?
`PROSPECTIVE JUROR: 20.
`THE COURT: All right. And I see no further
`hands.
`Do you have any strong opinions, positive or
`negative, about large corporations?
`You, sir?
`PROSPECTIVE JUROR: 20.
`THE COURT: And you, ma'am?
`PROSPECTIVE JUROR: 28.
`THE COURT: 28.
`Anybody else?
`No further response.
`Would it be difficult for you to wait until you
`have heard all of the evidence from both sides before coming
`to your conclusions about who should win in this case?
`No response.
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`13
`If you were selected to sit as a juror in this
`case, are you aware of any reason why you would be unable to
`render a verdict based solely on the evidence presented at
`trial?
`No response.
`If you were selected to sit as a juror in this
`case, are you aware of any reasons why you would not be able
`to follow the law as I give it to you?
`No response.
`Is there anything such as poor vision,
`difficulty hearing, or difficulty understanding spoken or
`written English that would make serving as a member of the
`jury difficult or impossible?
`No response.
`Is there anything else, including something that
`you may have remembered in connection with one of the
`earlier questions, that you think you would like to tell me
`in connection with your service as a juror in this case?
`No response.
`So having heard all the questions that I've
`asked so far, does any other reason suggest itself to you as
`to why you could not sit on this jury and render a fair
`verdict based on the evidence presented to you and in the
`context of my instructions on the law?
`And there's no response.
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`14
`All right. So we're going to go back to my jury
`room, and my deputy clerk will arrange for you all to come
`back in order.
`All right. So we will be back.
`DEPUTY CLERK: All rise.
`(Proceedings held in the conference room.)
`THE COURT: And you do understand that basically
`we're going to go until we get 14 qualified jurors and then
`we're going to stop because they've already been randomly --
`this is random order, so there's no point in going beyond
`14.
`MR. SMITH: Understood, Your Honor.
`(Prospective juror entering the conference
`room.)
`DEPUTY CLERK: Well, you can either stand or
`have a seat.
`PROSPECTIVE JUROR: Okay.
`Good morning.
`THE COURT: Hi. Good morning. You are
`Mr. Harrison?
`PROSPECTIVE JUROR: Correct.
`THE COURT: And according to my notes, you
`answered -- you didn't answer any question with "yes."
`So does that mean if you're selected for -- to
`serve on this jury you're good with that?
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`15
`PROSPECTIVE JUROR: I am.
`THE COURT: All right. Thank you very much.
`You may retake your seat.
`(Prospective juror leaving the conference room.)
`MR. SMITH: Only 13 more to go.
`THE COURT: So off the record.
`(Discussion held off the record.)
`(Prospective juror entering the conference
`room.)
`DEPUTY CLERK: Can you come back here?
`You can either stand or have a seat. He's got a
`couple questions.
`THE COURT: Good morning.
`PROSPECTIVE JUROR: Good morning.
`THE COURT: You are Mr. Aguilar?
`PROSPECTIVE JUROR: Yeah.
`THE COURT: And you didn't answer any question
`"yes." Does that mean that if you're selected to serve on
`this jury, you're good with that?
`PROSPECTIVE JUROR: Sure.
`THE COURT: Okay. You may retake your seat.
`Thank you.
`PROSPECTIVE JUROR: Thank you.
`(Prospective juror leaving the conference room.)
`(Prospective juror entering the conference
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`16
`room.)
`DEPUTY CLERK: Well, you can either stand or
`have a seat. They just have got a couple questions.
`PROSPECTIVE JUROR: Okay.
`THE COURT: All right. Good morning.
`PROSPECTIVE JUROR: Good morning.
`THE COURT: You're Mr. McLaughlin?
`PROSPECTIVE JUROR: I am.
`THE COURT: And I believe you answered one
`question "yes," which is you have some sort of background or
`experience in some computer-related field or the many
`different choices I gave.
`PROSPECTIVE JUROR: Correct.
`THE COURT: Can you just tell me about that?
`PROSPECTIVE JUROR: Sure. I was a programmer
`for Social Security Administration back in the early '80s.
`And I left that and was a computer science educator at a
`community college in Maryland for a number of years and
`became an administrator in a technical field.
`THE COURT: All right. Do you think that would
`have any impact in terms of your ability to be fair and
`impartial in a case that involved -- is going to involve
`discussions of, among other things, computer code, I think?
`PROSPECTIVE JUROR: I don't think so.
`THE COURT: All right.
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`17
`Do you all have any questions you want to ask?
`MR. BETTINGER: No, Your Honor.
`THE COURT: Okay. Well, thank you very much.
`PROSPECTIVE JUROR: You're welcome.
`(Prospective juror leaving the conference room.)
`THE COURT: If there's an objection on cause, it
`should be made now. But I don't think there's any basis for
`cause.
`MR. BETTINGER: No.
`MR. SKIERMONT: No objection.
`(Prospective juror entering the conference
`room.)
`DEPUTY CLERK: There's seats back here. But you
`can stand or have a seat, whatever you feel more comfortable
`with.
`THE COURT: Good morning, sir.
`PROSPECTIVE JUROR: Good morning. How are you?
`THE COURT: I'm good.
`Are you Mr. Munro?
`PROSPECTIVE JUROR: Yes, sir.
`THE COURT: And I believe that you didn't answer
`any question "yes"; is that correct?
`PROSPECTIVE JUROR: Yes.
`THE COURT: And does that mean that if you're
`selected to serve on this jury you're good with that?
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`18
`PROSPECTIVE JUROR: Yes, sir.
`THE COURT: Okay. Well, thank you very much.
`(Prospective juror leaving the conference room.)
`THE COURT: I'm sorry. Mr. Munro?
`PROSPECTIVE JUROR: Yes.
`THE COURT: I just have one question. You're
`listed here as a field technician. What field are you a
`technician in?
`PROSPECTIVE JUROR: Engineering with Sussex
`County government. Essentially watch sewer pipe go in the
`ground and roads and curbs and sidewalk.
`THE COURT: Okay. Thank you very much.
`(Prospective juror leaving the conference room.)
`(Prospective juror entering the conference
`room.)
`DEPUTY CLERK: All right. We're going to head
`back here. You can just have a seat right here.
`PROSPECTIVE JUROR: Okay.
`DEPUTY CLERK: Thanks.
`THE COURT: Good morning, ma'am.
`PROSPECTIVE JUROR: Good morning.
`THE COURT: How are you?
`PROSPECTIVE JUROR: Good. How are you doing?
`THE COURT: All right.
`Are you Ms. Alfaro Menchaca?
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`19
`PROSPECTIVE JUROR: Mm-hmm.
`THE COURT: And it says you're a "direct care
`worker." What does that mean?
`PROSPECTIVE JUROR: I basically take care of the
`elderly. I do small kinds of daily tasks for them, like
`give them showers, maybe taking the trash out. Driving them
`to and from appointments, feeding them, preparing food.
`Sort of daily activities that they can't do themselves.
`THE COURT: All right. And so you didn't answer
`any question "yes." Does that mean that if you're selected
`to serve on this jury you're good with that?
`PROSPECTIVE JUROR: Yeah.
`THE COURT: Okay. Thank you very much. You may
`retake your seat.
`(Prospective juror leaving the conference room.)
`(Prospective juror entering the conference
`room.)
`DEPUTY CLERK: Head back this way. And you can
`have a seat right here.
`PROSPECTIVE JUROR: Okay. Thank you.
`THE COURT: Good morning, ma'am.
`PROSPECTIVE JUROR: Good morning.
`THE COURT: You are Ms. Conner?
`PROSPECTIVE JUROR: Yes.
`THE COURT: And I believe you answered one
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`20
`question "yes," which had to do with having some kind of
`background in -- I'm going to say IT based on your job
`description being IT finance business analyst.
`PROSPECTIVE JUROR: Yes.
`THE COURT: Is that right?
`PROSPECTIVE JUROR: Yes.
`THE COURT: And can you tell me the IT part of
`finance business analyst, or maybe the whole job title,
`what's that mean?
`PROSPECTIVE JUROR: It's basically we're
`installing a new ERP system right now. So it's installing
`the new ERP system for finance itself.
`THE COURT: Okay. And for the technologically
`disabled, ERP stands for?
`PROSPECTIVE JUROR: Would -- it's your -- your
`computer system that you use.
`THE COURT: Okay. I mean...
`PROSPECTIVE JUROR: Trying to think. Sorry.
`THE COURT: Okay. All right. Well, then I
`don't feel so bad.
`PROSPECTIVE JUROR: SAP, Oracle.
`MR. BETTINGER: I'm familiar with the acronym,
`but I'm drawing a blank as well.
`PROSPECTIVE JUROR: Thank you.
`MR. BETTINGER: Sorry.
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`21
`THE COURT: Okay. So you work for a private
`company that installs, makes computers operable for --
`PROSPECTIVE JUROR: No. I work -- I work for
`W.L. Gore & Associates.
`THE COURT: Oh, okay. And so you're basically
`just --
`PROSPECTIVE JUROR: We're installing --
`THE COURT: -- doing things for W.L. Gore
`employees?
`PROSPECTIVE JUROR: Yes.
`THE COURT: Okay. Do you think that would have
`any impact on your -- well, first off, do you read computer
`code?
`PROSPECTIVE JUROR: No.
`THE COURT: Do you think that would have any
`impact on your ability to be a fair and impartial juror in
`this case?
`PROSPECTIVE JUROR: No.
`THE COURT: All right. Do you have any
`questions?
`MR. SKIERMONT: No.
`MR. BETTINGER: No, Your Honor.
`THE COURT: Okay. Thank you very much. You may
`retake your seat.
`(Prospective juror leaving the conference room.)
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`22
`(Prospective juror entering the conference
`room.)
`DEPUTY CLERK: We've got a seat here for you, so
`we're just going to have you have a seat right here.
`Perfect.
`THE COURT: Good morning.
`PROSPECTIVE JUROR: Good morning.
`THE COURT: You are Ms. Cole?
`PROSPECTIVE JUROR: Yes.
`THE COURT: And I believe that you answered the
`question that you had some background in computer
`engineering, IT, something relating to computers. Even
`though I see you're now retired.
`PROSPECTIVE JUROR: Yes.
`THE COURT: Can you tell me what you were
`thinking about when you answered that question?
`PROSPECTIVE JUROR: I was a computer programmer
`my entire career. I retired in December.
`THE COURT: Okay. And so computer programmer,
`does that mean you can read and write computer code?
`PROSPECTIVE JUROR: Correct.
`THE COURT: Okay. And for whom did you work
`when you were doing -- or most recently did your work?
`PROSPECTIVE JUROR: Most recently the company
`was called PowerPlan.
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`23
`THE COURT: Okay. PowerPlan?
`PROSPECTIVE JUROR: They are a company that
`creates software for utility companies to do their
`accounting.
`THE COURT: Okay. All right. Do you think
`that -- so there's going to be some computer code in this
`case and probably lots more discussion of it. Do you think
`this would impact your ability to be fair and impartial in
`this case?
`PROSPECTIVE JUROR: No.
`THE COURT: All right. Do you have any
`questions you want to ask, Mr. Skiermont?
`MR. SKIERMONT: Just whether in your computer
`programmer career worked with or consulted with Microsoft.
`PROSPECTIVE JUROR: No.
`MR. SKIERMONT: Or Microsoft programs?
`PROSPECTIVE JUROR: I used some of their
`software, yes. But I had no direct dealings with them.
`MR. SKIERMONT: Thank you.
`PROSPECTIVE JUROR: And, Your Honor, I'm -- if
`this trial goes into next week, I do have physician's
`appointment on Monday that would be difficult to reschedule.
`THE COURT: What time on Monday, do you know?
`PROSPECTIVE JUROR: And I hadn't thought of that
`when you asked that question. 8:00 a.m.
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`24
`THE COURT: Oh, okay. All right. And I take it
`difficult to reschedule and important to keep?
`PROSPECTIVE JUROR: It's a nephrologist, yes.
`THE COURT: Okay. All right. In any event --
`so let me see. I think Mr. Smith also wanted to ask you a
`question.
`MR. BETTINGER: Yeah. I just wanted to clarify,
`which Microsoft suite of products or products would you have
`had exposure to or experience with?
`PROSPECTIVE JUROR: Oh, gosh, I've been trying
`to forget since I retired.
`MR. BETTINGER: Fair.
`MR. SMITH: Fair enough.
`PROSPECTIVE JUROR: Obviously the Office suite.
`MR. SMITH: Anything beyond Outlook or Office?
`PROSPECTIVE JUROR: Probably. I'd have to go
`look at my old LinkedIn profile to verify that. I
`honestly -- trying to forget it.
`MR. SMITH: Thank you.
`THE COURT: Okay. Any further questions?
`MR. SKIERMONT: No, Your Honor.
`MR. BETTINGER: No.
`MR. SMITH: No.
`THE COURT: All right. Ms. Cole, wh