Case 1:10-cv-00258-SLR Document 759 Filed 08/14/17 Page 1 of 12 PageID #: 30265
`1363
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`- PORTION UNDER SEAL -
`- VOLUME 7 -
`IN THE UNITED STATES DISTRICT COURT
`IN AND FOR THE DISTRICT OF DELAWARE
`- - -
`
`CIVIL ACTION
`
`NO. 10-258-SLR
`
`:::::::::
`
`MOBILEMEDIA IDEAS LLC,
`Plaintiff,
`
`vs.
`APPLE INC,
`
`Defendant.
`
`- - -
`Wilmington, Delaware
`Wednesday, September 21, 2016
`10:35 o'clock, a.m.
`
`- - -
`BEFORE: HONORABLE SUE L. ROBINSON, U.S.D.C.J., and a jury
`- - -
`
`APPEARANCES:
`
`MORRIS, NICHOLS, ARSHT & TUNNELL LLP
`BY: JEREMY A. TIGAN, ESQ.
`
`-and-
`
`Valerie J. Gunning
`Official Court Reporter
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`1363
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`- PORTION UNDER SEAL -
`- VOLUME 7 -
`IN THE UNITED STATES DISTRICT COURT
`IN AND FOR THE DISTRICT OF DELAWARE
`- - -
`
`CIVIL ACTION
`
`NO. 10-258-SLR
`
`:::::::::
`
`MOBILEMEDIA IDEAS LLC,
`Plaintiff,
`
`vs.
`APPLE INC,
`
`Defendant.
`
`- - -
`Wilmington, Delaware
`Wednesday, September 21, 2016
`10:35 o'clock, a.m.
`
`- - -
`BEFORE: HONORABLE SUE L. ROBINSON, U.S.D.C.J., and a jury
`- - -
`
`APPEARANCES:
`
`MORRIS, NICHOLS, ARSHT & TUNNELL LLP
`BY: JEREMY A. TIGAN, ESQ.
`
`-and-
`
`Valerie J. Gunning
`Official Court Reporter
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`Case 1:10-cv-00258-SLR Document 759 Filed 08/14/17 Page 2 of 12 PageID #: 30266
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`APPEARANCES (Continued):
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`PROSKAUER ROSE LLP
`BY: STEVEN BAUER, ESQ.,
`SAFRAZ W. ISHMAEL, ESQ.
`KIMBERLY MOTTLEY, ESQ.,
`LAURA STAFFORD, ESQ. and
`JAMES ANDERSEN, ESQ.
`(Boston, Massachusetts)
`
`Counsel for Plaintiff
`
`MORRIS JAMES LLP
`BY: MARY B. MATTERER, ESQ.
`
`-and-
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`O'MELVENY & MYERS LLP
`BY: LUANN SIMMONS, ESQ.
`(San Francisco, California)
`
`-and-
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`WILMER HALE LLP
`BY: JOSEPH J. MUELLER, ESQ.
`(Boston, Massachusetts)
`
`-and-
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`WILMER HALE LLP
`BY: TARA D. ELLIOTT, ESQ.
`(Washington, D.C.)
`
`Counsel for Defendant
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`Case 1:10-cv-00258-SLR Document 759 Filed 08/14/17 Page 3 of 12 PageID #: 30267
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`P R O C E E D I N G S
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`(REPORTER'S NOTE: The following telephone
`conference was held in chambers, beginning at 10:35 a.m.)
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`Case 1:10-cv-00258-SLR Document 759 Filed 08/14/17 Page 4 of 12 PageID #: 30268
`Case 1:
`-cv-00258—SLR Document 759 Filed 08/14/17 Page 4 of 12 PageID #: 30268
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`Case 1:10-cv-00258-SLR Document 759 Filed 08/14/17 Page 5 of 12 PageID #: 30269
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`(Proceedings commenced in the courtroom,
`beginning at 10:40 a.m.)
`THE COURT: All right. Members of the jury,
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`Case 1:10-cv-00258-SLR Document 759 Filed 08/14/17 Page 6 of 12 PageID #: 30270
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`there has been a question to the Court: What happens if we
`cannot come to a unanimous decision? I had to get the
`lawyers on the phone. We all agree, even though they're not
`here at the moment, just it makes things go a little more
`quickly. You saw how long it took to even get them on the
`phone.
`
`We all agree that I should read you the standard
`instruction from the Third Circuit for deadlocked juries, so
`that's what I'm going to do.
`It is your duty as jurors to consult with one
`another and to deliberate would view toward reaching an
`agreement if you can do so consistent with your individual
`judgment. Each of you must decide the case for yourself,
`but you should do so only after a consideration of the
`case with your fellow jurors, and must be open to their
`opinions.
`
`You should not be influenced to vote a certain
`way, however, by the single fact that a majority of the
`jurors or any of them will vote in a certain way. Oh.
`You should not be influenced to vote a certain
`way, however, by the single fact that a majority of the
`jurors or any of them will vote in a certain way. In other
`words, you should not surrender your honest conviction
`concerning the effect or weight of the evidence for the mere
`purpose of returning a verdict or solely because of the
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`Case 1:10-cv-00258-SLR Document 759 Filed 08/14/17 Page 7 of 12 PageID #: 30271
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`opinion of the other jurors.
`In the course of your deliberations, you should
`not hesitate to re-examine your own views, and to change
`your opinion if you are convinced that those views are
`wrong. To reach a unanimous result you must examine the
`questions submitted to you openly and frankly, with proper
`regard for the opinions of others and with a willingness to
`re-examine your own view.
`Remember that you are not partisans; you are
`judges -- judges of the facts. Your only interest is to
`seek the truth from the evidence. You are the judges of
`the credibility of the witnesses and the weight of the
`evidence.
`
`If you should fail to agree on a verdict, the
`case is left open and must be resolved at a later time.
`There is no reason to think that another trial would be
`conducted in a better way or that a different jury would
`decide it any better. Any future jury must be selected in
`the same manner and from the same source as you.
`We try cases to dispose of them and to reach a
`common conclusion if it is consistent with the conscience of
`each member of the jury. I suggest that in deliberating,
`you each recognize that you are not infallible, that you
`listen to the opinions of the other jurors, and that you do
`so carefully with a view to reaching a common conclusion if
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`Case 1:10-cv-00258-SLR Document 759 Filed 08/14/17 Page 8 of 12 PageID #: 30272
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`you can. You may take all the time that you feel is
`necessary.
`
`I remind you that in your deliberations you are
`to consider the instructions I have given you as a whole.
`You should not single out any part of any instruction,
`including this one, and ignore others. They are all equally
`important.
`
`You may now retire and continue your
`deliberations. We'd ask you to go back and give it at least
`one more try and let us know. All right? Thank you very
`much.
`
`(The jury was excused to the jury room to
`continue deliberations.)
`(Court recessed at 10:40 a.m.)
`- - -
`(Proceedings commenced in the courtroom,
`beginning at 11:48 a.m.)
`
`(The jury entered the courtroom and took their
`seats in the box.)
`THE COURT: And you all may be seated. Thank
`
`you.
`
`You may proceed.
`DEPUTY CLERK: Members of the jury, have you all
`reached a verdict?
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`Case 1:10-cv-00258-SLR Document 759 Filed 08/14/17 Page 9 of 12 PageID #: 30273
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`(The jury responds, "Yes.")
`DEPUTY CLERK: Madam forelady, may I please have
`the verdict sheet? Thank you.
`The verdict reads:
`We, the jury, unanimously find as follows:
`Infringement.
`Number one: Do you find that MobileMedia has
`proven, by a preponderance of the evidence, that the accused
`Apple iPhones infringe any of the following claims of the
`U.S. patent number RE 39,231 (the '231 patent)?
`Claim 12, yes.
`Claim 2, yes.
`Validity, Number 2.
`Do you find that Apple has proven, by clear and
`convincing evidence, that any of the following claims of the
`'231 patent are invalid as obvious in view of the prior
`art?
`
`Claim 12, no.
`Claim 2, no.
`Three. Do you find that Apple has proven,
`by clear and convincing evidence, that claim 12 and 2 of
`the '231 patent are invalid for a lack of written
`description?
`
`No.
`Number 4. Please state the amount of a
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`Case 1:10-cv-00258-SLR Document 759 Filed 08/14/17 Page 10 of 12 PageID #: 30274
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`reasonable royalty, which should be a dollar amount, that
`you have determined for apples infringement of the '231
`patent?
`
`Amount: 3 million.
`Members of the jury, is this the verdict you
`have agreed upon?
`(The jury responds, "Yes.")
`DEPUTY CLERK: Juror No. 1, is this the verdict
`you have agreed upon?
`JUROR NO. 1: Yes.
`DEPUTY CLERK: Juror No. 2, is this the verdict
`you have agreed upon?
`JUROR NO. 2: Yes.
`DEPUTY CLERK: Juror No. 3, is this the verdict
`you have agreed upon?
`JUROR NO. 3: Yes.
`DEPUTY CLERK: Juror No. 4, is this the verdict
`you have agreed upon?
`JUROR NO. 4: Yes.
`DEPUTY CLERK: Juror No. 5, is this the verdict
`you have agreed upon?
`JUROR NO. 5: Yes.
`DEPUTY CLERK: Juror No. 6, is this the verdict
`you have agreed upon?
`JUROR NO. 6: Yes.
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`Case 1:10-cv-00258-SLR Document 759 Filed 08/14/17 Page 11 of 12 PageID #: 30275
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`DEPUTY CLERK: Juror No. 7, is this the verdict
`you have agreed upon?
`JUROR NO. 7: Yes.
`DEPUTY CLERK: Juror No. 8, is this the verdict
`you have agreed upon?
`JUROR NO. 8: Yes.
`THE COURT: Anything to address before we excuse
`
`the jury?
`
`MR. BAUER: Nothing, your Honor.
`MR. MUELLER: No, your Honor.
`THE COURT: All right. Members of the jury,
`thank you very much for your service.
`On behalf of the parties and the Court, your
`lunches are here, so you may take them with you or eat them
`at your leisure in the jury room.
`I generally try to come back and talk to you to
`see whether we as a Court could do anything to make this
`service a better one for you, so if you want to stick
`around, can you stick around for my coming back for a
`minute. Otherwise, you are excused, and, again, our thanks
`for your service.
`(The jury was excused.)
`THE COURT: All right. I assume you'll let me
`know what we're doing next.
`I presume we would have gotten, could have
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`Case 1:10-cv-00258-SLR Document 759 Filed 08/14/17 Page 12 of 12 PageID #: 30276
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`gotten to the same place without a trial and by immediate
`appeal from the decisions I made, but here we are. I
`appreciate the experience you gave me, and appreciate your
`professionalism. And I will let you know if the jury has
`anything interesting to say. I generally -- I certainly
`don't ask about anything other than whether the Court could
`do something and whether there was anything in the trial
`that was more helpful or less helpful so I can share it with
`other members of the bar. So I will let you know if
`anything comes up. Thank you very much.
`(Counsel respond, "Thank you, your Honor.")
`(Court recessed at 11:55 a.m.)
`- - -
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