`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
`
`MAXELL, LTD.
`
`
`
`V.
`
`§
`§
`§
`APPLE, INC.
`_____________________________________________________________________________
`
`CAUSE NO. 5:19-CV-00036-RWS
`
`
`§§
`
`MINUTES FOR MOTION HEARING
`HELD BEFORE JUDGE ROBERT W. SCHROEDER III
`MARCH 19, 2021
`
`ADJOURN: 2:40 p.m.
`OPEN: 12:59 p.m.
`_____________________________________________________________________________
`
`ATTORNEYS FOR PLAINTIFF:
`
`Jamie Beaber, Geoffrey Culbertson, Tripp Fussell, Alan
`Grimaldi, Kfir Levy and Kelly Tidwell
`
`ATTORNEYS FOR DEFENDANT: Mark Fowler, Erin Gibson, Gil Gillam, Dawn Jenkins,
`Andrew Stein and Natalie Pous
`
`LAW CLERK:
`
`Susan Stradley
`
`COURTROOM DEPUTY:
`
`Shedera Combs
`
`Kate McAlpine
`COURT REPORTER:
`_____________________________________________________________________________
`
`12:59 p.m.
`
`Case called; Parties introduce themselves and announce ready; Court welcomes
`everyone; Court reviews motion to be heard – Defendant Apple Inc.’s Motion to
`Strike and Renewed Motion for Partial Summary Judgment (Docket No. 664)
`
`1:06 p.m.
`
`Kfir Levy argues motion
`
`1:11 p.m.
`
`Court questions re Carnegie Mellon case; Mr. Levy responds
`
`1:25 p.m.
`
`Court questions re meaning of Apple knew about it; Mr. Levy responds
`
`1:32 p.m.
`
`Court questions how many patents were charted; Mr. Levy responds
`
`1:38 p.m.
`
`Erin Gibson responds to motion argument
`
`
`
`Case 5:19-cv-00036-RWS Document 677 Filed 03/19/21 Page 2 of 3 PageID #: 33568
`
`1:50 p.m.
`
`Mr. Levy replies
`
`1:53 p.m.
`
`2:00 p.m.
`
`2:01 p.m.
`
`Court questions if Gart case involves claims of some offers to license plus
`identified claims; Mr. Levy responds
`
`Court questions re other evidence not discussed re pre-suit notice and no trial
`testimony; Mr. Levy responds
`
`Mr. Culbertson notifies the Court that an interpreter will be on standby during Mr.
`Nakamora’s testimony; Court advises that interpreter will need to take oath prior
`to testimony
`
`2:02 p.m.
`
`Mr. Culbertson addresses additional matters to be taken up by Court
`
`2:02 p.m.
`
`Tripp Fussell presents agreement of parties on the withdrawal of ‘794 patent and
`raises objections to exhibits DX 130, 131, 134 and 135 as a result; Court asks for
`details of exhibits; Mr. Fussell responds
`
`2:07 p.m.
`
`Ms. Gibson responds
`
`2:11 p.m.
`
`Court asks if redaction would resolve issue; Mr. Fussell responds
`
`2:12 p.m.
`
`Court questions if related to willfulness; Mr. Fussell responds
`
`2:13 p.m.
`
`Court addresses issue if door is opened; Mr. Fussell responds
`
`2:14 p.m.
`
`Mr. Fussell provides cite in record re willfulness
`
`2:15 p.m.
`
`Mr. Levy addresses Dr. Simonson still testifying in light of Maxell no longer
`calling Dr. Erdem
`
`2:19 p.m.
`
`Ms. Gibson responds
`
`2:22 p.m.
`
`Court questions re Erdem testimony and asked parties to meet and confer; Mr.
`Gibson responds
`
`2:24 p.m.
`
`Mr. Levy responds
`
`2:26 p.m.
`
`Court asks parties to meet and will revisit issue during trial; Mr. Levy responds
`
`2:28 p.m.
`
`Court notifies that parties should have received jury panel list and questionnaires
`
`2:28 p.m.
`
`Mark Fowler addresses issues with witness Dr. Bovik; Court responds
`
`2:29 p.m.
`
`Mr. Fowler addresses issue with witness who tested positive for COVID; Court
`
`
`
`Case 5:19-cv-00036-RWS Document 677 Filed 03/19/21 Page 3 of 3 PageID #: 33569
`
`responds
`
`2:30 p.m.
`
`Mr. Fowler request permission for in-house counsel to view remotely; Court will
`consider; Mr. Beaber responds; Court questions re how to handle; Mr. Fowler
`responds
`
`2:23 p.m.
`
`Court will consider exhibit objections
`
`2:33 p.m.
`
`Mr. Gillam questions re counsel in courtroom during trial; Court responds
`
`2:33 p.m.
`
`Court will get order out tomorrow; Court reviews setup for voir dire and trial
`
`2:36 p.m.
`
`Mr. Culbertson questions re microphone use for voir dire; Court responds
`
`2:37 p.m.
`
`Mr. Gillam questions re trial team personnel viewing court remotely; Court asks
`for details; Mr. Gillam responds; Court denies
`
`2:40 p.m.
`
`Adjourn
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
