Case 2:16-cv-00695-RWS-RSP Document 96 Filed 10/18/23 Page 1 of 5 PageID #: 1963
`
`
`
`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 THIRD DAY OF TRIAL
`HELD BEFORE JUDGE ROBERT W. SCHROEDER III
`OCTOBER 18, 2023
`
` ADJOURN: 6:25 p.m.
`OPEN: 8:32 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, Brian Kelly,
`Deron Dacus and Gil Gillam
`
`LAW CLERK:
`
`COURTROOM DEPUTY:
`
`Hayley Ostrin
`
`Betty Schroeder
`
`Shelly Holmes
`COURT REPORTER:
`______________________________________________________________________________
`
`8:32 a.m.
`
`Courtroom unsealed
`
`8:35 a.m.
`
`8:37 a.m.
`
`Outside the presence of the jury, the Court directs the parties to meet and confer on
`where exactly in the testimony yesterday the transcript can be unsealed and jointly
`move to unseal that portion of the transcript
`
`Mr. Iman Lordgooei and Mr. Mueller address the Court regarding getting either an
`instruction precluding certain testimony or guidance on how to raise the objections
`and comparing Alachritech NICs and TOE technology with the accused products;
`
`
`
`
`
`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 THIRD DAY OF TRIAL
`HELD BEFORE JUDGE ROBERT W. SCHROEDER III
`OCTOBER 18, 2023
`
` ADJOURN: 6:25 p.m.
`OPEN: 8:32 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, Brian Kelly,
`Deron Dacus and Gil Gillam
`
`LAW CLERK:
`
`COURTROOM DEPUTY:
`
`Hayley Ostrin
`
`Betty Schroeder
`
`Shelly Holmes
`COURT REPORTER:
`______________________________________________________________________________
`
`8:32 a.m.
`
`Courtroom unsealed
`
`8:35 a.m.
`
`8:37 a.m.
`
`Outside the presence of the jury, the Court directs the parties to meet and confer on
`where exactly in the testimony yesterday the transcript can be unsealed and jointly
`move to unseal that portion of the transcript
`
`Mr. Iman Lordgooei and Mr. Mueller address the Court regarding getting either an
`instruction precluding certain testimony or guidance on how to raise the objections
`and comparing Alachritech NICs and TOE technology with the accused products;
`
`
`
`Case 2:16-cv-00695-RWS-RSP Document 96 Filed 10/18/23 Page 2 of 5 PageID #: 1964
`
`Court responds
`
`8:54 a.m.
`
`Ms. Henry addresses the Court regarding the door being opened to the introduction
`of indemnity agreement between Dell and Intel; Mr. Dacus responds; Court responds
`
`9:00 a.m.
`
`Court discusses timing of JMOLs
`
`9:01 a.m.
`
`Jury seated
`
`9:03 a.m.
`
`Mr. Watson continues with direct examination of Mr. Gunderson
`
`9:08 a.m.
`
`Courtroom sealed
`
`9:33 a.m.
`
`Mr. Gillam begins cross examination of Mr. Gunderson
`
`9:44 a.m.
`
`Objection by Mr. Gillam; Court responds
`
`10:10 a.m.
`
`Objection by Mr. Gillam; Court - sustained
`
`10:26 a.m.
`
`Objection by Mr. Watson; Court responds
`
`10:26 a.m.
`
`Bench conference
`
`10:27 a.m.
`
`Jury excused
`
`10:28 a.m.
`
`Outside the presence of the jury, Court and parties discuss remaining time with
`witness
`
`10:28 a.m.
`
`Recess
`
`10:46 a.m.
`
`Courtroom unsealed
`
`10:46 a.m.
`
`Jury seated
`
`10:47 a.m. Mr. Dacus continues with cross examination of Mr. Gunderson
`
`11:30 a.m.
`
`Bench conference
`
`11:37 a.m. Mr. Watson begins redirect examination of Mr. Gunderson
`
`11:44 a.m.
`
`Objection by Mr. Gillam; Court - rephrase the question
`
`11:50 a.m.
`
`Objection by Mr. Gillam; Court - rephrase the question
`
`11:52 a.m. Mr. Gillam begins recross examination of Mr. Gunderson
`
`
`
`Case 2:16-cv-00695-RWS-RSP Document 96 Filed 10/18/23 Page 3 of 5 PageID #: 1965
`
`11:59 a.m.
`
`Jury excused
`
`12:00 p.m.
`
`Outside the presence of the jury, the Court and parties discuss indemnification issue
`
`12:12 p.m.
`
`Recess
`
`1:00 p.m.
`
`Outside the presence of the jury, Mr. Mueller questions the Court regarding a
`logistical matter; Court responds
`
`1:01 p.m.
`
`Jury seated
`
`1:02 p.m.
`
`Ms. Henry calls Bryan Kelly; witness sworn in
`
`1:03 p.m.
`
`Ms. Henry begins direct examination of Mr. Kelly
`
`1:27 p.m.
`
`Courtroom sealed
`
`1:30 p.m.
`
`Courtroom unsealed
`
`1:36 p.m.
`
`Courtroom sealed
`
`1:41 p.m.
`
`Objection by Mr. Dacus; Ms. Henry responds
`
`1:42 p.m.
`
`Bench conference
`
`1:45 p.m.
`
`Ms. Henry continues with direct examination of Mr. Kelly
`
`1:46 p.m.
`
`Courtroom unsealed
`
`1:46 p.m.
`
`Mr. Dacus begins cross examination of Mr. Kelly
`
`2:12 p.m.
`
`Ms. Henry begins redirect examination of Mr. Kelly
`
`2:14 p.m.
`
`Mr. Dacus begins recross examination of Mr. Kelly
`
`2:16 p.m.
`
`Ms. Henry calls Timothy Labatte; witness sworn in
`
`2:16 p.m.
`
`Ms. Henry begins direct examination of Mr. Labatte
`
`2:28 p.m.
`
`Bench conference
`
`2:29 p.m.
`
`Ms. Henry continues with direct examination of Mr. Labatte
`
`2:31 p.m.
`
`Objection by Mr. Mueller; Court - rephrase the question
`
`2:32 p.m.
`
`Courtroom sealed
`
`
`
`Case 2:16-cv-00695-RWS-RSP Document 96 Filed 10/18/23 Page 4 of 5 PageID #: 1966
`
`2:34 p.m.
`
`Objection by Mr. Mueller; Ms. Henry responds; Court - overruled
`
`2:37 p.m.
`
`Courtroom unsealed
`
`3:14 p.m.
`
`Recess
`
`3:33 p.m.
`
`Outside the presence of the jury, the Court and parties discuss speaking objections
`
`3:39 p.m.
`
`Jury seated
`
`3:39 p.m.
`
`Ms. Henry continues with direct examination of Mr. Labatte
`
`3:55 p.m.
`
`Mr. Mueller begins cross examination of Mr. Labatte
`
`4:29 p.m.
`
`Bench conference
`
`4:29 p.m.
`
`Mr. Mueller continues with cross examination of Mr. Labatte
`
`4:41 p.m.
`
`Bench conference
`
`4:42 p.m.
`
`Mr. Mueller continues with cross examination of Mr. Labatte
`
`4:48 p.m.
`
`Ms. Henry begins redirect examination of Mr. Labatte
`
`4:52 p.m.
`
`Bench conference
`
`4:53 p.m.
`
`Ms. Henry advises that Plaintiff rests
`
`4:54 p.m.
`
`Jury excused
`
`4:54 p.m.
`
`Outside the presence of the jury, the Court and parties discuss JMOLs
`
`4:57 p.m.
`
`Recess
`
`5:10 p.m.
`
`Jury seated
`
`5:11 p.m.
`
`Mr. Gillham calls Clark Haass; witness sworn in
`
`5:12 p.m.
`
`Mr. Gillham begins direct examination of Mr. Haass
`
`5:31 p.m.
`
`Mr. Paunovich begins cross examination of Mr. Haass
`
`5:56 p.m.
`
`Mr. Gillham begins redirect examination of Mr. Haass
`
`5:58 p.m.
`
`Bench conference
`
`
`
`Case 2:16-cv-00695-RWS-RSP Document 96 Filed 10/18/23 Page 5 of 5 PageID #: 1967
`
`6:00 p.m.
`
`Mr. Mueller calls Tom Stachura; witness sworn in
`
`6:01 p.m.
`
`Mr. Mueller begins direct examination of Mr. Stachura
`
`6:16 p.m.
`
`Jury excused
`
`6:17 p.m.
`
`Outside the presence of the jury, the Court and parties discuss demonstrative
`objections regarding witnesses to be called tomorrow and the informal charge
`conference
`
`6:25 p.m.
`
`Recess
`
`
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