`
`
`
`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 FOR JURY SELECTION AND FIRST DAY OF TRIAL
`HELD BEFORE JUDGE ROBERT W. SCHROEDER III
`OCTOBER 16, 2023
`
` ADJOURN: 5:27 p.m.
`OPEN: 9:15 a.m.
`______________________________________________________________________________
`
`ATTORNEYS FOR PLAINTIFF:
`
`ATTORNEYS FOR DEFENDANTS:
`
`Joe Paunovich, Scott Watson, Larry Boucher, Ryan
`Malphurs, Brian Mack and Claire Henry
`
`Joe Mueller, Sonal Mehta, Jamie Laird, Brian Kelly,
`Deron Dacus and Gil Gillam
`
`LAW CLERK:
`
`COURTROOM DEPUTY:
`
`Hayley Ostrin
`
`Betty Schroeder
`
`Shelly Holmes
`COURT REPORTER:
`______________________________________________________________________________
`
`9:15 a.m.
`
`In chamber conference
`
`9:47 a.m.
`
`Case called; parties introduce themselves and announce ready; Court welcomes
`everyone, gives preliminary comments and begins voir dire
`
`10:06 a.m.
`
`Panel members introduce themselves
`
`10:30 a.m. Ms. Claire Henry introduces herself, client, co-counsel and witnesses; Court
`questions panel members regarding knowing anyone mentioned by Ms. Henry; no
`
`
`
`Case 2:16-cv-00695-RWS-RSP Document 76 Filed 10/16/23 Page 2 of 4 PageID #: 1493
`
`response
`
`10:34 a.m.
`
`Mr. Gil Gillam introduces himself, client, co-counsel and witnesses; Court questions
`panel members regarding knowing anyone mentioned by Mr. Gillam; no response
`
`10:35 a.m. Mr. Deron Dacus introduces himself, client, co-counsel and witnesses; Court
`questions panel members regarding knowing anyone mentioned by Mr. Dacus;
`response from juror #14
`
`10:37 a.m.
`
`Court continues with voir dire
`
`10:55 a.m. Ms. Henry begins voir dire for Alacritech Inc.
`
`11:26 a.m. Mr. Gillam begins voir dire for Intervenor Intel Corporation
`
`11:47 a.m. Mr. Dacus begins voir dire for Defendant Dell Inc.
`
`11:57 a.m.
`
`Bench conference
`
`12:00 p.m.
`
`Court instructs certain panel members to remain in the courtroom; remaining panel
`members excused for a break
`
`12:05 p.m.
`
`Court discusses hardships with two panel members; both excused
`
`12:07 p.m.
`
`Counsel further question remaining panel members
`
`12:29 p.m.
`
`Recess
`
`12:51 p.m.
`
`Court and parties discuss strike lists; all parties agree
`
`12:52 p.m.
`
`Panel members seated
`
`12:53 p.m.
`
`Court advises that a jury has been selected; jury panel called; Court thanks those not
`selected and are released
`
`12:57 p.m.
`
`Court gives brief instructions to the jury; jury sworn in and released for lunch
`
`1:02 p.m.
`
`Court addresses the parties regarding time for opening statements (30 minutes per
`side); Mr. Joe Mueller argues Intel’s evidentiary objections
`
`1:07 p.m.
`
`Mr. Joe Paunovich responds to argument
`
`1:10 p.m.
`
`Mr. Mueller replies
`
`1:13 p.m.
`
`Mr. Paunovich responds
`
`
`
`Case 2:16-cv-00695-RWS-RSP Document 76 Filed 10/16/23 Page 3 of 4 PageID #: 1494
`
`1:14 p.m.
`
`Mr. Brian Mack argues Plaintiff’s objections to Defendants’ opening slides
`
`1:16 p.m.
`
`Mr. Mueller responds to argument
`
`1:20 p.m.
`
`Mr. Mack replies
`
`1:22 p.m.
`
`Court questions Mr. Mueller; Mr. Mueller responds
`
`1:24 p.m.
`
`Court overrules Plaintiff’s objections to Defendants’ opening slides; Court overrules
`Defendants’ objection to the testimony of Manasi Deval and Patrick O’Connor
`
`1:27 p.m.
`
`Mr. Paunovich addresses the Court regarding preliminary jury instructions
`
`1:28 p.m.
`
`Ms. Sonal Mehta responds
`
`1:30 p.m.
`
`Court questions Mr. Paunovich; Mr. Paunovich responds
`
`1:30 p.m.
`
`Mr. Mueller advises the Court both parties would like standing objections with
`respect to Motions in Limine and Daubert motions; Court responds
`
`1:32 p.m.
`
`Recess
`
`2:26 p.m.
`
`Jury seated
`
`2:28 p.m.
`
`Court gives preliminary instructions to the jury
`
`3:11 p.m.
`
`Mr. Paunovich begins opening statement for Plaintiff
`
`3:41 p.m.
`
`Mr. Dacus begins opening statement for Defendant Dell
`
`3:51 p.m.
`
`Mr. Mueller begins opening statement for Intervenor Intel
`
`4:12 p.m.
`
`Jury excused for break
`
`4:12 p.m.
`
`Court questions the parties regarding sealing any of the opening statements; counsel
`responded
`
`4:13 p.m.
`
`Recess
`
`4:27 p.m.
`
`Jury seated
`
`4:27 p.m.
`
`Court questions the parties regarding invoking the rule; Ms. Henry replies
`
`4:28 p.m.
`
`Mr. Paunovich calls Larry Boucher; witness sworn in
`
`4:29 p.m.
`
`Mr. Paunovich begins direct examination of Mr. Boucher
`
`
`
`Case 2:16-cv-00695-RWS-RSP Document 76 Filed 10/16/23 Page 4 of 4 PageID #: 1495
`
`5:01 p.m.
`
`Objection by Mr. Mueller; question withdrawn
`
`5:22 p.m.
`
`Jury excused
`
`5:23 p.m.
`
`5:27 p.m.
`
`
`Outside the presence of the jury, Ms. Blair addresses the Court regarding scheduling
`issue; no objections
`
`Recess
`
`
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