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`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 VII OF XII
`PROCEEDINGS BEFORE THE HONORABLE GERSHWIN A. DRAIN
`UNITED STATES DISTRICT JUDGE
`Theodore Levin United States Courthouse
`231 West Lafayette Boulevard
`Detroit, Michigan
`Wednesday, April 15, 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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`Nichia EX2013
`
`
`
`4:12-cv-11758-GAD-MKM Doc # 532 Filed 05/22/15 Pg 2 of 144 Pg ID 43931
`
`2
`
`APPEARANCES:
`For the Defendants:
`
`MR. STEVEN J. RIZZI
`MR. RAMY E. HANNA
`MR. RYAN SCHMID
`Foley and Lardner, LLP
`90 Park Avenue, 37th Floor
`New York, New York 10016
`(212) 682-7474
`MS. LISA S. MANKOFSKY
`MR. MICHAEL D. KAMINSKI
`Foley & Lardner, LLP
`3000 K Street N. W,
`Suite 600
`Washington, DC
`20007
`(202) 672-5300
`MR. JOHN R. TRENTACOSTA
`Foley & Lardner
`500 Woodward Avenue
`Detroit, Michigan
`(313) 234-2800
`
`48226
`
`Reported by:
`
`Merilyn J. Jones, RPR, CSR
`Official Federal Court Reporter
`merilyn_jones@mied.uscourts.gov
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`Nichia EX2013
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`4:12-cv-11758-GAD-MKM Doc # 532 Filed 05/22/15 Pg 3 of 144 Pg ID 43932
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`3
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`TABLE OF CONTENTS
`
`WITNESSES:
`None
`
`PLAINTIFF
`
`DEFENDANT
`WITNESSES:
`YASANOBU NOGUCHI
`Redirect examination by Mr. Kaminski
`Recross-examination by Mr. Nimrod
`E. FRED SCHUBERT
`Direct examination by Mr. Rizzi
`
`EXHIBITS:
`Defendant's Exhibit D0401
`Defendant's Exhibit D171
`Defendant's Exhibit D359
`Defendant's Exhibit D364
`
`Identified
`
`122
`
`PAGE
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`22
`25
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`30
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`Received
`25
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`142
`142
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`Nichia EX2013
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`4:12-cv-11758-GAD-MKM Doc # 532 Filed 05/22/15 Pg 41 of 144 Pg ID 43970
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`41
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`infringement and validity analysis that they performed?
`A.
`No.
`I performed my own independent analysis.
`Q.
`What do you mean by independent?
`A.
`Independent means it's based on my knowledge of the field,
`on the facts, on the patents, on the products, and not
`influenced by Nichia or the lawyers.
`Q.
`And is your compensation affected by the opinions you
`render?
`A.
`No, it's not affected by my opinions.
`Have you, in fact,
`Q.
`Now, let me ask you just to summarize.
`formed an opinion on whether the claims of the two Nichia
`patents in this case are infringed?
`A.
`Yes, I have formed an opinion.
`Q.
`What is your opinion?
`A.
`My opinion is that a number of claims are being infringed
`by Everlight LED products.
`Q.
`Have you formed an opinion as to whether the two patents
`at issue are valid?
`A.
`Yes.
`Q.
`And your opinion?
`A.
`I believe that both patents are valid.
`Q.
`All right.
`You're aware that in connection with forming
`your opinions in this case you need to consider what we call
`the hypothetical level of ordinary skill in the art?
`A.
`Yes.
`
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`Nichia EX2013
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`4:12-cv-11758-GAD-MKM Doc # 532 Filed 05/22/15 Pg 42 of 144 Pg ID 43971
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`42
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`Have you, in fact, provided an opinion in this case on the
`Q.
`level of skill in the art?
`A.
`Yes.
`What is shown here is my opinion of a person with
`ordinary skill in the art.
`Q.
`Would you like a pointer?
`Can you please walk through your opinion for the
`jury, please?
`A.
`Yes.
`It is shown here.
`And so we either have a Ph.D. degree, a Master
`degree, or a Bachelor degree.
`The higher degree requires less
`experience in industry.
`So if we have, for example, a person with a
`Bachelor degree, in addition to the degree, about ten years of
`practical experience in industry is required.
`If we have a Master degree, about five years of
`additional experience would be required.
`And if we have a person with a Ph.D. degree, about
`three additional years in industry would be required to make
`that person a person of ordinary skill.
`Q.
`And how did you come up with your opinion, these three
`different ways to satisfy that level of skill in the art?
`A.
`Well, I have been working in industry for 10 years and I
`have been working with LEDs, and it is my estimate that a
`person who is just entering industry is not yet a person of
`ordinary skill.
`There is a certain time required until the
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`Nichia EX2013
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