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Case 2:16-cv-00695-RWS-RSP Document 100 Filed 10/19/23 Page 1 of 5 PageID #: 2718
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`CIVIL NO. 2:16CV695
`
`
`§§
`
`§
`§
`
`§§
`
`§§
`
`§
`
`ALACRITECH INC.
`
`V.
`
`DELL INC.
`
`and
`
`INTEL CORPORATION
`
`______________________________________________________________________________
`
`MINUTES FOURTH DAY OF TRIAL
`HELD BEFORE JUDGE ROBERT W. SCHROEDER III
`OCTOBER 19, 2023
`
` ADJOURN: 6:54 p.m.
`OPEN: 8:37 a.m.
`______________________________________________________________________________
`
`ATTORNEYS FOR PLAINTIFF:
`
`ATTORNEYS FOR DEFENDANTS:
`
`Joe Paunovich, Scott Watson, Iman Lordgooei, Brian
`Mack and Claire Henry
`
`Joe Mueller, Sonal Mehta, Jamie Laird, Deron Dacus
`and Gil Gillam
`
`LAW CLERK:
`
`COURTROOM DEPUTY:
`
`Hayley Ostrin
`
`Betty Schroeder
`
`Shelly Holmes
`COURT REPORTER:
`______________________________________________________________________________
`
`8:37 a.m.
`
`Outside the presence of the jury, the Court and parties discuss TOE/RSC patents and
`objections to demonstratives
`
`9:10 a.m.
`
`Recess
`
`9:53 a.m.
`
`Outside the presence of the jury, the Court and parties discuss Dr. Wicker’s
`testimony
`
`

`

`Case 2:16-cv-00695-RWS-RSP Document 100 Filed 10/19/23 Page 2 of 5 PageID #: 2719
`
`10:02 a.m.
`
`Jury seated
`
`10:03 a.m. Mr. Mueller continues with direct examination of Mr. Stachura
`
`10:15 a.m. Mr. Paunovich begins cross examination of Mr. Stachura
`
`10:19 a.m.
`
`Bench conference
`
`10:19 a.m. Mr. Paunovich continues with cross examination of Mr. Stachura
`
`10:24 a.m.
`
`Objection by Mr. Mueller; Mr. Paunovich responds
`
`10:25 a.m.
`
`Objection by Mr. Mueller; Court - overruled
`
`10:27 a.m.
`
`Mr. Paunovich moves to admit Plaintiff’s exhibit PTX-268; no objections; received
`
`10:40 a.m. Mr. Mueller begins redirect examination of Mr. Stachura
`
`10:45 a.m.
`
`Objection by Mr. Paunovich; question withdrawn
`
`10:52 a.m. Mr. Paunovich begins recross examination of Mr. Stachura
`
`10:53 a.m. Ms. Mehta calls Jesse Brandeburg; witness sworn in
`
`10:54 a.m. Ms. Mehta begins direct examination of Mr. Brandeburg
`
`11:04 a.m.
`
`Bench conference
`
`11:06 a.m. Ms. Mehta continues with direct examination of Mr. Brandeburg
`
`11:06 a.m.
`
`Bench conference
`
`11:07 a.m. Ms. Mehta continues with direct examination of Mr. Brandeburg
`
`11:13 a.m. Mr. Lordgooei begins cross examination of Mr. Brandeburg
`
`11:20 a.m.
`
`Bench conference
`
`11:23 a.m. Mr. Lordgooei continues with cross examination of Mr. Brandeburg
`
`11:44 a.m.
`
`Bench conference
`
`11:47 a.m. Mr. Lordgooei continues with cross examination of Mr. Brandeburg
`
`11:58 a.m.
`
`Jury excused
`
`

`

`Case 2:16-cv-00695-RWS-RSP Document 100 Filed 10/19/23 Page 3 of 5 PageID #: 2720
`
`11:59 a.m.
`
`Outside the presence of the jury, bench conference
`
`12:03 p.m.
`
`Recess
`
`12:19 p.m.
`
`Jury seated
`
`12:20 p.m. Ms. Mehta begins redirect examination of Mr. Brandeburg
`
`12:23 p.m.
`
`Bench conference
`
`12:23 p.m. Ms. Mehta continues with redirect examination of Mr. Brandeburg
`
`12:25 p.m.
`
`Bench conference
`
`12:26 p.m. Ms. Mehta continues with redirect examination of Mr. Brandeburg
`
`12:32 p.m. Mr. Lordgooei begins recross examination of Mr. Brandeburg
`
`12:40 p.m. Ms. Mehta continues with examination of Mr. Brandeburg
`
`12:41 p.m.
`
`Objection by Mr. Lordgooei; Court - lay a foundation
`
`12:43 p.m.
`
`Bench conference
`
`12:44 p.m.
`
`Court instructs the jury we will continue for a while longer before lunch
`
`12:45 p.m. Mr. Mueller calls Richard Blackborow via video deposition
`
`12:55 p.m. Mr. Mueller calls Daryl Starr via video deposition
`
`12:58 p.m. Mr. Mueller calls David Higgen via video deposition
`
`1:03 p.m.
`
`Mr. Mueller calls Douglas Rainbolt via video deposition
`
`1:08 p.m.
`
`Jury excused
`
`1:09 p.m.
`
`Outside the presence of the jury, Court questions the parties regarding the limiting
`instruction he will read; gives rulings on the matters discussed earlier in the morning;
`discusses the reading of a stipulation; and instructs the parties to email revised jury
`instructions and verdict form to the Court
`
`1:16 p.m.
`
`Recess
`
`2:09 p.m.
`
`Jury seated
`
`2:10 p.m.
`
`Ms. Mehta reads a stipulation into the record
`
`

`

`Case 2:16-cv-00695-RWS-RSP Document 100 Filed 10/19/23 Page 4 of 5 PageID #: 2721
`
`2:10 p.m.
`
`Ms. Mehta calls Stephen Wicker; witness sworn in
`
`2:10 p.m.
`
`Ms. Mehta begins direct examination of Dr. Wicker
`
`2:15 p.m.
`
`Ms. Mehta offers Dr. Wicker as an expert in the fields of computer architecture,
`network design, network protocols, software and hardware protocols and the subject
`matter of the patents-in-suit; no objections
`
`2:48 p.m.
`
`Bench conference
`
`2:49 p.m.
`
`Ms. Mehta continues with direct examination of Dr. Wicker
`
`2:58 p.m.
`
`Bench conference
`
`2:58 p.m.
`
`Ms. Mehta continues with direct examination of Dr. Wicker
`
`3:02 p.m.
`
`Mr. Mack begins cross examination of Dr. Wicker
`
`3:03 p.m.
`
`Bench conference
`
`3:04 p.m.
`
`Mr. Mack continues cross examination of Dr. Wicker
`
`3:07 p.m.
`
`Bench conference
`
`3:08 p.m.
`
`Mr. Mack continues cross examination of Dr. Wicker
`
`3:41 p.m.
`
`Bench conference
`
`3:42 p.m.
`
`Ms. Mehta begins redirect examination of Dr. Wicker
`
`3:46 p.m.
`
`Mr. Mack begins recross examination of Dr. Wicker
`
`3:51 p.m.
`
`Jury excused
`
`3:51 p.m.
`
`Outside the presence of the jury, the Court and parties discuss remaining schedule
`of witnesses
`
`3:53 p.m.
`
`Recess
`
`4:11 p.m.
`
`Outside the presence of the jury, Court questions the parties regarding giving the
`limiting instruction; no objections
`
`4:12 p.m.
`
`Jury seated
`
`4:12 p.m.
`
`Court gives limiting instruction to the jury
`
`

`

`Case 2:16-cv-00695-RWS-RSP Document 100 Filed 10/19/23 Page 5 of 5 PageID #: 2722
`
`4:13 p.m.
`
`Ms. Mehta calls Chris Heegard; witness sworn in
`
`4:14 p.m.
`
`Ms. Mehta begins direct examination of Dr. Heegard
`
`4:18 p.m.
`
`Ms. Mehta offers Dr. Heegard as an expert in the fields of computer architecture,
`network design, network protocols, software and hardware protocols and the subject
`matter of the patents-in-suit; no objections
`
`5:04 p.m.
`
`Mr. Mack begins cross examination of Dr. Heegard
`
`5:51 p.m.
`
`Ms. Mehta begins redirect examination of Dr. Heegard
`
`5:55 p.m.
`
`Bench conference
`
`5:58 p.m.
`
`Court informs the jury of remaining schedule
`
`6:00 p.m.
`
`Jury excused
`
`6:00 p.m.
`
`Outside the presence of the jury, the Court discusses process of moving forward with
`informal charge conference; parties will have 40 minutes for closing arguments
`
`6:04 p.m.
`
`Recess
`
`6:23 p.m.
`
`Outside the presence of the jury, Court and parties begin informal charge conference;
`counsel in attendance were Claire Henry, Scott Watson, Iman Lordgooie, Nima
`Hefazi, Sonal Mehta, Brady Cox, Brittany Amdadi, Kim Do and Natalie Morrissey;
`Ms. Henry reads exhibits used Tuesday and Wednesday by both parties into the
`record
`
`6:54 p.m.
`
`Recess
`
`

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