From:
`To:
`
`Cc:
`Subject:
`Date:
`
`Taylor Mauze
`aabsher@kilpatricktownsend.com; tom@gillamsmithlaw.com; arinehart@kilpatricktownsend.com; Bryan Kohm;
`Chris Larson; ddacus; Geoff Miller; gil@gillamsmithlaw.com; jalemanni@kilpatricktownsend.com; Jon McMichael;
`jlee@kilpatricktownsend.com; mmorlock@kilpatricktownsend.com; nboothe@kilpatricktownsend.com;
`pam@tacticallawgroup.com; Jeffrey Ware; Jennifer Bush; Jessica Kaempf; kkoballa@kilpatricktownsend.com;
`melissa@gillamsmithlaw.com; Michael Sacksteder; rgupta@kilpatricktownsend.com; Shannon Turner;
`sdacus@dacusfirm.com; smoore@kilpatricktownsend.com; taludlam@kilpatricktownsend.com;
`tpfingst@kilpatricktownsend.com; Winnie Wong; tom@gillamsmithlaw.com; Chris.Joe@bjciplaw.com;
`eric.buresh_eriseip.com; eric.buether@bjciplaw.com; gil@gillamsmithlaw.com; jason.mudd_eriseip.com;
`kelly.hughes@eriseip.com; ken.kula_bjciplaw.com; mark.lang@eriseip.com; melissa@gillamsmithlaw.com;
`michael.pomeroy@bjciplaw.com; michelle.marriott_eriseip.com; nick.kliewer@BJCIPLaw.com;
`Theresa.Dawson@BJCIPLaw.com; tj.gohn@bjciplaw.com; alan.rabinowitz@kirkland.com;
`abonn@susmangodfrey.com; aong_goodwinlaw.com; tom@gillamsmithlaw.com;
`asubramanian@susmangodfrey.com; asoucy@goodwinlaw.com; cli@goodwinprocter.com; dkheyfits@kblit.com;
`dkline@goodwinlaw.com; edward.donovan@kirkland.com; ederieux@capshawlaw.com;
`ellisen.turner_kirkland.com; greg.polins@kirkland.com; greg.arovas@kirkland.com; gil@gillamsmithlaw.com;
`jake.rambeau@kirkland.com; jdowns@goodwinlaw.com; joel.merkin@kirkland.com; jonathan.brit@kirkland.com;
`jgrinstein@susmangodfrey.com; kmartin@goodwinprocter.com; lshiferman@goodwinlaw.com;
`ldauchot_kirkland.com; marc.sernel@kirkland.com; melissa@gillamsmithlaw.com; mxi@susmangodfrey.com;
`meredith.zinanni@kirkland.com; NBirbach@goodwinlaw.com; pdinh@goodwinprocter.com;
`rfrederickson@goodwinprocter.com; robert.appleby@kirkland.com; rnath_susmangodfrey.com;
`sfischer@goodwinlaw.com; sean.mceldowney@kirkland.com; ccapshaw@capshawlaw.com;
`sschreiner@goodwinprocter.com; tdewitt@24ipusa.com
`Adrienne Dellinger; William Nilsson; Lee Matalon; Thomas Derbish; Cason Cole
`March 15, 2021 Jury Selection and Trial Procedures
`Tuesday, March 2, 2021 5:10:03 PM
`
`** EXTERNAL EMAIL **
`
`Counsel,
`
`PMC v. Apple (2:15-cv-1366), Infernal v. Sony (2:19-cv-248), and GREE v. Supercell Oy (2:19-cv-
`200, 237, 310, 311) are set, in the recited order, for jury selection followed by trial on Monday,
`March 15, 2021. To facilitate such and assuage any public health concerns, the Court has put into
`place various mitigation protocols. During the jury trial, you and all persons attending with you are
`required to comply with the following:
`
`First, the Court will continue to adhere to the following specific visitor restrictions:
`Persons who have traveled to or from any of the following countries listed on the
`Centers
`for
`Disease
`Control
`and
`Prevention
`website
`[https://www.cdc.gov/coronavirus/2019-ncov/travelers/from-other-countries.html]
`as
`“Travelers Prohibited from Entry to the United States” within the preceding 14 days;
`Persons who have had close contact with someone who has traveled to or from one of
`the countries referenced above within the preceding 14 days;
`Persons who a medical doctor, doctor of osteopathy, hospital or public health agency
`has directed to self-quarantine, and such period of self-quarantining is ongoing;
`Persons who have been diagnosed with COVID-19 and who have not obtained express
`medical verification as now being non-communicative/non-contagious from a medical
`doctor, doctor of osteopathy, hospital or public health agency;
`Persons who exhibit fever, cough or shortness of breath; and
`If you or anyone attending court with you falls within one or more of the above
`restricted categories, you must advise the Court by email (copying all counsel of
`record) within 24 hours. All such persons will not be granted admission to the
`courthouse.
`
`Second, the Court will be enforcing social distancing protocols among parties, counsel, and
`
`Supercell
`Exhibit 1042
`Page 1
`
`

`

`court staff. To the greatest extent reasonably possible, the Court will strive to maintain a
`six(cid:4137)foot distance between all those present. The Court will also be implementing various
`mitigation strategies in the courtroom, including limiting the number of persons seated at
`counsel tables to three persons per party per table. The parties are each responsible for
`determining which persons are to sit at their respective counsel tables; all other party
`representatives, counsel, consultants, and observers should sit in the gallery or inside the bar
`after the jury is seated. Those not at counsel table are encouraged to wear a face covering
`while inside the courtroom, but the Court will neither require nor provide one.
`
`Third, the Court encourages all participants to follow the CDC’s community-mitigation
`guidelines before attending the proceeding. That includes washing hands often; avoiding
`close contact with people who are sick and practicing social distancing; covering mouth and
`nose with a cloth face cover when around others; covering coughs and sneezes; and cleaning
`and disinfecting frequently touched surfaces daily.
`
`Additionally, in light of the health and safety precautions to be taken during the jury trial, the Court
`directs all counsel to delay their arrival at the Courthouse for voir dire on Monday, March 15, 2021
`until you are instructed to appear. This will prevent unintended mixing of trial teams with the venire
`panel during the lengthy individualized check-in process. On Monday, after the venire panel has
`been checked in and is positioned in the courtroom, I will call counsel via their cell numbers
`provided to the Court to convey an appropriate time for counsel to arrive at the Courthouse, as well
`as any further instructions. The Court anticipates this call will occur no earlier than 8:15 a.m. On
`subsequent days, counsel are directed to arrive at the Courthouse as normal.
`
`Until the Court enters the Courtroom on Monday, Mrs. Kecia Clendening—deputy clerk in charge—
`will control your entrance and access to the courtroom itself. She will send word to both sides when
`your three person voir dire teams may enter the courtroom and set up at counsel table.
`
`Additionally and as you are aware, the Court’s practice is to provide jurors with contact information
`for one attorney on each side after the conclusion of trial, so that jurors may call either or both sides
`—if they choose—to discuss the trial after they have been discharged by the Court. Accordingly,
`please provide me (Taylor_Mauze@txed.uscourts.gov) with the name and contact information of
`such a designated attorney for this purpose by Sunday, March 7, 2021 at 6:00 p.m.
`
`Please let me know if you have any questions.
`
`Sincerely,
`
`Taylor Mauze
`Law Clerk to Chief Judge Rodney Gilstrap
`U.S. District Court for the Eastern District of Texas
`100 E. Houston Street
`Marshall, Texas 75670
`Taylor_Mauze@txed.uscourts.gov
`
`Supercell
`Exhibit 1042
`Page 2
`
`