`
`UNITED STATES DISTRICT COURT
`DISTRICT OF NEW JERSEY
`TRENTON DIVISION
`INTERNATIONAL DEVELOPMENT, LLC, ) Case No. 3:09-cv-02495-GEB-DEA
`a Delaware Limited Liability Company,
`)
`)
`) Courtroom No. 4E
`Plaintiff,
`) Clarkson S. Fisher Building
`) & U.S. Courthouse
`) 402 East State Street
`) Trenton, New Jersey 08608
`)
`) November 4, 2010
`) 10:03 A.M.
`Defendants.
`TRANSCRIPT OF MARKMAN HEARING
`BEFORE HONORABLE GARRETT E. BROWN, JR.
`UNITED STATES CHIEF DISTRICT JUDGE
`
`SIMON NICHOLAS RICHMOND
`and ADVENTIVE IDEAS, LLC,
`
`APPEARANCES:
`For the Plaintiffs:
`
`For the Defendants:
`
`Porzio Bromberg & Newman, PC
`By: ROBERT G. SHEPHERD, ESQ.
`29 Thanet Road, Suite 201
`Princeton, New Jersey 08540-3661
`Carstens & Cahoon, LLP,
`By: DAVID CARSTENS, ESQ.
`ZACHARY HILTON, ESQ.
`13760 Noel Road, Suite 900
`Dallas, Texas 75240
`Law Offices of Donald Cox, LLC
`By: DONALD J. COX , JR., ESQ.
`103 Carnegie Center, Suite 300
`Princeton, New Jersey 08540
`Carr, LLP
`By: THEODORE F. SHIELLS, ESQ.
`670 Founders Square, 900 Jackson Street
`Dallas, Texas 75202
`Electronic Sound Recorder: Marlene Kalbach
`TRANSCRIPTION SERVICE:
`TRANSCRIPTS PLUS, INC.
`435 Riverview Circle
`New Hope, Pennsylvania 18938
`Telephone: 215-862-1115
`Facsimile: 215-862-6639
`e-mail CourtTranscripts@aol.com
`Proceedings recorded by electronic sound recording, transcript
`produced by transcription service.
`
`Richmond, Exh. 2006, p.1
`
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`THE COURT: Over time, as opposed to --
`MR. SHIELLS: Yes.
`THE COURT: -- instantaneously, i.e. --
`MR. SHIELLS: Yes, Your Honor.
`THE COURT: -- turning a switch.
`MR. SHIELLS: Yes, Your Honor --
`MR. HILTON: Well, Your Honor, there’s nothing --
`MR. SHIELLS: -- we agree.
`MR. HILTON: If I may.
`THE COURT: Yes.
`MR. HILTON: There’s nothing in the claim language
`that refers to the time in which, what that time period is.
`THE COURT: Varying means varying. It doesn’t
`instantaneously on, off, or binary.
`MR. HILTON: That’s right.
`THE COURT: So, I will include --
`MR. HILTON: But any time you --
`THE COURT: -- over time or varying.
`Now, so as to be exposed to light, the real dispute
`here is what is light? Light, in the context of a solar
`powered light is obviously sunlight. I don’t think the parties
`disagree with that, do they?
`MR. HILTON: No, Your Honor.
`THE COURT: Okay.
`MR. SHIELLS: Correct, Your Honor.
`
`TRANSCRIPTS PLUS, INC.
`PHONE 215-862-1115 ! FAX 215-862-6639 ! E-MAIL CourtTranscripts@aol.com
`
`Richmond, Exh. 2006, p.2
`
`
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