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`EXHIBIT 5
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`Case 4:12-cv-11758-GAD-MKM ECF No. 554-6, PageID.44760 Filed 06/15/15 Page 2 of 4
`
`1
`
`UNITED STATES DISTRICT COURT
`EASTERN DISTRICT OF MICHIGAN
`SOUTHERN DIVISION
`EVERLIGHT ELECTRONICS CO.,
`LTD, and EMCORE CORPORATION,
`Plaintiffs,
`
`No. 12-cv-11758
`
`v
`
`NICHIA CORPORATION, and
`NICHIA AMERICA CORPORATION,
`Defendants.
`_________________________/
`
`JURY TRIAL - VOLUME IV
`EXCERPTS OF PROCEEDINGS BEFORE THE HONORABLE GERSHWIN A. DRAIN
`UNITED STATES DISTRICT JUDGE
`Theodore Levin United States Courthouse
`231 West Lafayette Boulevard
`Detroit, Michigan
`Friday, April 10, 2015
`
`APPEARANCES:
`For the Plaintiffs:
`
`MR. A. MICHAEL PALIZZI
`MR. MICHAEL C. SIMONI
`Miller, Canfield, Paddock and Stone,
`PLC
`150 W. Jefferson Avenue, Suite 2500
`Detroit, Michigan
`48226
`(313) 486-7645
`MR. RAYMOND N. NIMROD
`MR. MATTHEW A. TRAUPMAN
`MS. ANASTASIA M. FERNANDS
`Quinn Emanuel Urquhart & Sullivan, LLP
`51 Madison Avenue, 29th Floor
`New York, New York 10010
`(212) 849-7412
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`Case 4:12-cv-11758-GAD-MKM ECF No. 554-6, PageID.44761 Filed 06/15/15 Page 3 of 4
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`131
`
`white LED described by Dr. Nakamura, if we can go and show
`Figure 7, do you see any aspects here that are attributable to
`Dr. Nakamura?
`A.
`The blue LED chip.
`Q.
`So does the statement that -- where Dr. Nakamura says
`here, we describe, we describe a white LED, does that surprise
`you in any way?
`A.
`No, it doesn't.
`Q.
`Okay.
`Last -- well, actually, next, let me go to the
`Schlotter reference.
`Mr. Rizzi asked you about that, and
`again, we talked about that a long time on direct, but that's
`Plaintiff's Exhibit 137.
`And again, can you remind us the date of the
`Schlotter publication?
`It was received in February -- on
`A.
`I'm looking carefully.
`February 6, 1997, and accepted for publication February 27,
`1997.
`Q.
`And it was, in fact, published, then, there shortly
`thereafter?
`A.
`Yes.
`I don't see the exact date on this page, but shortly
`thereafter.
`Q.
`I will represent to you the parties have stipulated that
`it's in May, May 14, I believe, 1997.
`A.
`I can go with that.
`MR. TRAUPMAN:
`
`Did I get that right?
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`Case 4:12-cv-11758-GAD-MKM ECF No. 554-6, PageID.44762 Filed 06/15/15 Page 4 of 4
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`132
`
`Yes.
`MR. HANNA:
`So even taking May 14, 1997, as the date the parties have
`Q.
`stipulated to, how does that date compare to the filing date of
`the '925 patent?
`A.
`That's before.
`Q.
`Now, Mr. Rizzi also asked you a bunch of questions about
`the relative dates of the Schlotter publication versus when
`Nichia publicly announced its release of the white LED.
`Do you
`remember that?
`A.
`Yes, I do.
`Q.
`So if we can go to the end of the second -- it's only two
`pages -- the second page of this document, and pull up the
`references, please.
`Can you tell us what the references are for
`Number 3 and Number 4?
`A.
`These are references to patent applications that were
`filed describing the work.
`I believe that's actually called
`out at the last part of the article.
`Q.
`Okay.
`And so if we can take a look at Plaintiff's
`Exhibit 119, go to the second page, can you tell us what this
`document is?
`A.
`This is one of the patent applications that was
`referenced.
`And the first named inventor, what's the name of
`Q.
`Okay.
`the first named inventor there?
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