Case 1:16-cv-00453-WCB Document 845 Filed 04/28/24 Page 1 of 8 PageID #: 56662
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`Civil Action No. 16-453-WCB
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`ACCELERATION BAY LLC,
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`Plaintiff,
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`ACTIVISION BLIZZARD,
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`v.
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`Defendant.
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`JURY VOIR DIRE
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`Ladies and gentlemen of the jury panel, welcome to the United States District Court for the
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`District of Delaware.
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`I want to emphasize how much we appreciate your jury service and how important jury
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`service is. Service on an American jury is one of the highest privileges and responsibilities of
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`citizenship in our democracy. It is something that I know is inconvenient in some instances, but
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`it is very important to make our system of justice work.
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`My name is William Bryson. I’ll be the judge in this case, and Mr. Gregory Albano will be
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`assisting me. Mr. Michael Banenas is the courtroom deputy, and among his duties, he will be
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`responsible for taking care of the jury during the trial after the jury is selected. Finally, Ms. Bonnie
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`Archer will be serving as the court reporter.
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`Our first order of business will be to select the panel of jurors who will sit for this case. This
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`is a civil case, not a criminal case, and we will select eight jurors, not 12 or more as would be the
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`case if this were a criminal trial. Of course, there are many more than eight of you here, but that’s
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`Case 1:16-cv-00453-WCB Document 845 Filed 04/28/24 Page 2 of 8 PageID #: 56663
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`part of the process of jury selection. We call more jurors than the bare minimum needed in case
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`some potential jurors cannot serve or have to be excused from some reason.
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`Here’s how the process will work. Each of you has been given a form with a number of
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`questions on it. Mr. Banenas will call 14 of you, randomly selected, to sit in the jury box over here.
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`I will then read aloud the questions on the questionnaire, one by one. As I read the questions, if
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`your answer to any of the questions is “yes,” please circle the number of that question. After I finish
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`reading through all the questions, I will come back to those of you sitting in the jury box to ask if
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`any of you had a “yes” answer to any of the questions. If so, I will ask you some follow-up questions
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`on that subject. It is important that everyone here, not just those in the jury box, pay close attention
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`to the questions and circle the number of any question to which your answer is “yes,” because I
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`may need to question others besides those initially seated in the jury box.
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`I want to assure you that in asking these questions it is not our purpose to pry into your
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`personal affairs. I don’t know if it will happen today, but it sometimes happens that there is a
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`question that comes up as to which a juror does not want to respond in public. If you feel that way
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`as to a particular question, all you have to say is, “Judge Bryson, I’d like to speak with you privately
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`about that.” You will then come up here along with a representative from each side in this case,
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`and we’ll discuss the matter confidentially. You should not have any qualms about asking to handle
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`a particular question in that way.
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`Based on your answers to my questions, I will then speak privately with the lawyers to
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`determine whether any of those seated in the jury box should be excused. If any of the original 14
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`are excused, Mr. Banenas will call replacements from the gallery by juror number. I will then ask
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`the replacement jurors which, if any, questions they answered “yes.” That is why it is important
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`Case 1:16-cv-00453-WCB Document 845 Filed 04/28/24 Page 3 of 8 PageID #: 56664
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`for everyone, including everyone in the gallery, to follow the questions as I read them and circle
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`those for which their answer is “yes.”
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`After we have 14 persons in the jury box who have not been excused, the lawyers for each
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`side will have an opportunity to make decisions regarding which jurors should be chosen, and after
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`they have their input, we will have our jury of 8.
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`Let me emphasize that whether you are selected or not does not in any way reflect on you.
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`This is just part of the process. If you are not selected, it does not mean that anybody thinks you
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`are not capable of being fair or that someone doesn’t like you. It is just the standard process by
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`which juries are selected every day in every courtroom in this country.
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`Before we go any farther, let me give you a brief summary of this case so you will have
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`some idea of what this is all about as we go through the jury selection process. This is a patent
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`lawsuit involving video games. Acceleration Bay owns patents relating to computer networks. It
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`has sued Activision Blizzard, which sells video games. Acceleration Bay says some of those video
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`games infringe its patents, which means that Acceleration Bay is claiming that Activision Blizzard
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`uses technology in a way that violated Acceleration Bay’s patent rights..
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`This case is expected to take five days to try. We will normally begin at 9 am each day and
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`work until 5:30 in the afternoon. We will have a lunch break at about midday, and you will be
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`provided with lunches at that time. We will also have a short break at mid-morning and a short
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`break at mid-afternoon.
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`We will now begin the jury selection process. The first order of business is for Mr. Banenas
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`to administer the jurors’ oath to all of you collectively. Mr. Banenas. [oath administered]
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`We will now call the first 14 panel members. If your number is called, please take the seat
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`assigned to you in the jury box. Bring the questionnaire with you. Now Mr. Banenas, please
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`summon the jurors one by one.
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`Case 1:16-cv-00453-WCB Document 845 Filed 04/28/24 Page 5 of 8 PageID #: 56666
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`JURY QUESTIONNAIRE
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`The first questions are directed to any knowledge you may have of the companies involved
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`in this case, the lawyers in the case, and the witnesses who are expected to testify in this case:
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`1. Do you have any personal knowledge of the legal claims in this case as I have described
`them or have you learned anything about the case through any source?
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`2. Have you heard of Acceleration Bay or Activision Blizzard before today, and if so do you
`have any strong feelings about either of those companies that might affect your ability to
`be a fair and impartial juror in this case?
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`3. Have you ever purchased or used any Activision video games, such as Call of Duty or
`World of Warcraft?
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`4. Do you have any experience with the design, manufacture, or sale of video games?
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`5. Have you or any member of your immediate family been employed by, had any business
`relationship with, or owned stock in The Boeing Company?
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`6. Do you have strong feelings about The Boeing Company?
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`I will now run down a list of the lawyers and law firms involved in this case. Please
`answer yes if you or to your knowledge any members of your immediate family or anyone
`close to you is related to or personally acquainted with any of these attorneys or ever been
`represented by any of these attorneys or law firms.
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`7.
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`a. Kramer Levin Naftalis & Frankel LLP;
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`b. Morris, Nichols, Arsht & Tunnell LLP;
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`c. Potter Anderson & Corroon, LLP; and
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`d. Shook, Hardy & Bacon, LLP.
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`The lawyers who appeared in this case and who may appear at trial are:
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`a. Paul Andre;
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`b. Jordan T. Bergsten;
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`c. Jack B. Blumenfeld;
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`d. Cameron P. Clark;
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`e. Lauren E. Douville;
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`f. Christina Finn;
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`g. Aaron Frankel;
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`h. John D. Garretson;
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`i. Aaron E. Hankel;
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`j. James Hannah;
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`k. Lisa Kobialka;
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`l. Anita I. Liu
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`m. Cristina Martinez;
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`n. Maxwell C. McGraw;
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`o. Jeremy Tigan;
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`p. David Morehan;
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`q. Philip A. Rovner; and
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`r. B. Trent Webb.
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`Do any of you know any of the attorneys or law firms I have just named?
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`9. I will now list the witnesses who may testify at this trial. Please say yes if you
`familiar with any of these witnesses:
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`a. Dr. Harry Bims;
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`b. Virgil Bourassa;
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`c. Steven Caliguri;
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`d. Patrick Conlin;
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`e. Joe Daniele
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`f. Patrick Dawson;
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`g. Pat Griffith;
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`h. Dr. Fred Holt;
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`i. Catharine Lawton;
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`j. Linda Magnotti
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`k. Kurtis McCathern;
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`l. Dr. Nenad Medvidovic;
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`m. Russell Parr;
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`n. Natasha Radovsky;
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`o. Glen Van Datta;
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`p. Joe Ward; and
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`q. Dr. Stephen Wicker.
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`r. Robert Kostich
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`Now let me turn to questions about your experience with the legal field, patents, or the
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`subject matter involved in this case.
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`10. Are you familiar with anyone else present in the courtroom, including your fellow
`jurors, all Court personnel, and myself?
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`11. Have you or a close family member ever studied law, practiced law, or worked in any
`capacity for a law office or legal organization?
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`12. Have you been a plaintiff or a defendant in a lawsuit, or have you been closely
`involved in a lawsuit against a company you worked for?
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`13. Have you served as a juror in a civil or criminal case within the past 15 years?
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`14. Do you have, or do you know someone who has, experience, knowledge, or
`specialized training related to patents or the U.S. Patent and Trademark Office?
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`15. Have you or any member of your immediate family ever applied for, or obtained, a
`United States or foreign patent?
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`16. Have you or has any member of your immediate family ever been involved in a
`dispute about patents?
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`17. Do you have any opinions about patents, patent rights, the U.S. Patent and Trademark
`Office, or intellectual property that might make it difficult for you to be a fair and
`impartial juror in this case?
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`18. Do you or an immediate family member have any training, education, or experience
`in computer science, electrical engineering, computer networks or computer code or
`programming?
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`Finally, a few general questions:
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`19. Is there anything that would prevent you from giving full attention to all the evidence
`at this trial or would make it difficult for you to serve on this jury? For example, do
`you have poor vision, difficulty hearing, or difficulty understanding spoken or written
`English?
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`20. Do you have a hardship that would make it difficult or impossible for you to serve on
`this jury? By a hardship, I don’t mean that it would be more convenient for you if you
`didn’t have to be on the jury or get up early and drive here; I mean something like a
`surgery that is scheduled for this week or a prepaid vacation.
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`21. Is there any reason that you could not be a conscientious, fair, and impartial juror in
`this case and render a true and just verdict without fear, favor, sympathy, or prejudice
`according to the law as I will explain it to you?
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