Case 1:19-cv-01410-MN Document 273 Filed 11/01/23 Page 1 of 3 PageID #: 10857
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`VB ASSETS, LLC,
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`AMAZON.COM SERVICES LLC,
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`Plaintiff,
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`Defendant.
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`C.A. No. 19-1410 (MN)
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`ORDER AFTER PRETRIAL CONFERENCE
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`AND NOW, this 1st day of November 2023, after a Pretrial Conference and upon
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`consideration of the Proposed Pretrial Order (D.I. 239) and the discussion at the October 30, 2023
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`Pretrial Conference, IT IS HEREBY ORDERED that:
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`1.
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`The Proposed Pretrial Order is ADOPTED as modified by any discussion at the
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`Pretrial Conference. (See D.I. 265).
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`2.
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`A five-day jury trial will begin on November 2, 2023 at 9:30 a.m. with jury
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`selection.1 Subsequent trial days will begin at 9:00 a.m. Each side should be prepared to present
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`its case until 4:30 p.m. of each trial day, although the end of the trial day may, at the discretion of
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`the Court, be earlier or later than 4:30 p.m. Additionally, on November 6 and 7, 2023, after the
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`jury recesses for the day, the Court will also hear evidence and argument as to step one of the
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`Alice/Mayo inquiry for Defendant’s invalidity defenses under 35 U.S.C. § 101. At that time, the
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`Court will also hear argument on construction of the claim term “context” if required. Each side
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`should be prepared to present evidence and arguments for these separate proceedings beginning at
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`1
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`Plaintiff is responsible for providing enough copies of the voir dire and a writing utensil
`for each member of the jury pool, which is estimated to be 40 people. Those must be
`delivered to the Clerk’s office by 3:00 p.m. on November 1, 2023.
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`Case 1:19-cv-01410-MN Document 273 Filed 11/01/23 Page 2 of 3 PageID #: 10858
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`4:30 p.m. As the Court instructed at the Pretrial Conference, all counsel for both sides must be in
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`attendance for the bench proceedings.
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`3.
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`The trial will be timed. Each side is allowed up to eleven (11) hours in the jury trial
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`for its opening statement, its direct and cross-examination of witnesses, closing arguments and
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`argument of evidentiary issues. Each side shall reserve at least one-half hour of its eleven (11)
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`hours for closing arguments. Time during the trial day that does not neatly fit into one of these
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`categories will be attributed to one side or the other as the Court deems appropriate.
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`4.
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`Issues that need to be addressed outside the presence of the jury will be taken up at
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`8:30 a.m., at lunch or at the end of the day as the Court deems appropriate. Those issues – including
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`objections to anticipated exhibits or demonstratives – must be brought to the attention of the
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`Court’s judicial administrator and the Courtroom Deputy by 7:00 a.m. on the day on which the
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`evidence objected to will be adduced. There will be thirty minutes to forty-five minutes for lunch
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`and a fifteen-minute break in the morning and in the afternoon.
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`5.
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`For the reasons stated at the Pretrial Conference, Plaintiff’s Motion to amend the
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`trial exhibit list (D.I. 254) is GRANTED. (D.I. 265 at 35:22-40:22). Plaintiff shall file an amended
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`version of the trial exhibit list that includes the three additional documents added by this motion.
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`6.
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`For the reasons stated at the Pretrial Conference, Defendant’s Motion in Limine
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`No. 2 (D.I. 239, Schedule H2.a) is GRANTED-IN-PART and DENIED-IN-PART. (See D.I. 265
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`at 4:5-12:20). Additionally, as stated at the Pretrial Conference, Plaintiff’s Motion in Limine No. 1
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`has been WITHDRAWN. (See D.I. 265 at 3:20-22). Defendant’s Motions in Limine Nos. 1 and 3
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`(D.I. 239, Schedules H1.a & H3.a) have been resolved by stipulation. (See D.I. 259 & 260).
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`7.
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`As explained at the Pretrial Conference, the parties may not provide witness binders
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`or physical copies of documents (demonstratives, deposition transcripts, etc.) to the Court, but the
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`Case 1:19-cv-01410-MN Document 273 Filed 11/01/23 Page 3 of 3 PageID #: 10859
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`parties must provide witness binders to the witnesses. The parties shall provide electronic copies
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`of ALL trial exhibits to the Courtroom Deputy by NOON on November 1, 2023. The trial exhibits
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`must be labeled with JTX, DTX or PTX prefixes with exhibit numbers, and the trial exhibits must
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`be organized in a single folder. Additionally, at the beginning of each trial day, the parties shall
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`provide to the Court’s judicial administrator and Courtroom Deputy electronic copies of witness
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`folders containing the exhibits and demonstratives (if any) to be used on direct examination and
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`cross-examination2 of any witnesses expected to be called that day.
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`8.
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`Any trial logistics should be coordinated through the Courtroom Deputy.
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`The Honorable Maryellen Noreika
`United States District Judge
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`This includes any deposition transcripts or expert reports to be used with witnesses.
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