4:12-cv-11758-GAD-MKM Doc # 516 Filed 04/30/15 Pg 1 of 11 Pg ID 41995
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`1
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`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 XII 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 22, 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
`Quinn Emanuel Urquhart & Sullivan,
`LLP
`51 Madison Avenue, 29th Floor
`New York, New York 10010
`(212) 849-7412
`
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`VIZIO 1019
`
`
`
`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 XII 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 22, 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
`Quinn Emanuel Urquhart & Sullivan,
`LLP
`51 Madison Avenue, 29th Floor
`New York, New York 10010
`(212) 849-7412
`
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`VIZIO 1019
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`4:12-cv-11758-GAD-MKM Doc # 516 Filed 04/30/15 Pg 2 of 11 Pg ID 41996
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`2
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`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 KAMINSKI
`MS. DEBRA LANGE
`Foley & Lardner, LLP
`3000 K Street N. W,
`Washington, DC
`20007
`(202) 672-5300
`
`Suite 600
`
`Reported by:
`
`Merilyn J. Jones, RPR, CSR
`Official Federal Court Reporter
`merilyn_jones@mied.uscourts.gov
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`VIZIO 1019
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`4:12-cv-11758-GAD-MKM Doc # 516 Filed 04/30/15 Pg 3 of 11 Pg ID 41997
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`3
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`TABLE OF CONTENTS
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`PLAINTIFF
`
`DEFENDANT
`
`WITNESSES:
`None
`WITNESSES:
`None
`OTHER MATERIAL IN TRANSCRIPT:
`Jury Verdict
`EXHIBITS:
`None
`
`Identified
`
`PAGE
`
`5
`Received
`
`VIZIO 1019
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`4:12-cv-11758-GAD-MKM Doc # 516 Filed 04/30/15 Pg 4 of 11 Pg ID 41998
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`4
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`Detroit, Michigan
`Wednesday, April 22, 2015 - 4:00 p.m.
`THE CLERK: All rise.
`The United States District
`Court for the Eastern District of Michigan is now in session.
`Honorable Gershwin A. Drain presiding.
`Calling Civil Action, Everlight Electronics
`Company versus Nichia Corporation.
`Number 12-11758.
`You may be seated.
`Please put your appearance on
`
`the record.
`
`Everlight.
`Palizzi.
`
`Good afternoon, your Honor.
`MR. NIMROD:
`Good afternoon.
`THE COURT:
`Ray Nimrod from Quinn Emanuel for
`MR. NIMROD:
`With me is Matt Traupman, Mike Simoni and Mike
`
`Steven
`Good afternoon, your Honor.
`MR. RIZZI:
`Rizzi, Foley and Lardner, for Nichia.
`With me is Lisa
`Mankofsky, Debra Lange, Tamy Hanna, Ryan Schmid and Mike
`Kaminski, and the corporate representative, Mr. Hironori
`Takagi, is here.
`Like I mentioned, the jury wrote a
`THE COURT:
`note saying a verdict has been reached, so I'm going to have
`them come in and deliver it.
`And I'll poll them also.
`THE CLERK: All rise.
`(At 4:01 p.m. jury present)
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`VIZIO 1019
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`4:12-cv-11758-GAD-MKM Doc # 516 Filed 04/30/15 Pg 5 of 11 Pg ID 41999
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`5
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`You may be seated.
`THE CLERK:
`All right, Mr. -- is it "Mong"?
`THE COURT:
`JUROR MONG: "Mong", yes.
`THE COURT:
`-- Mong.
`Okay, we've had a little
`back and forth, you've asked some questions and asked for
`items; we've tried to answer those as best we could.
`And the
`last note that I got says that you have reached a verdict; is
`that correct?
`JUROR MONG: That's correct, yes.
`THE COURT:
`Can you take the verdict form out and
`read your answers to us?
`JUROR MONG: Sure.
`Just the answers?
`THE COURT:
`Well, no, let's read the questions,
`
`too.
`
`Has Everlight proven by
`Number One:
`JUROR MONG:
`clear and convincing evidence that Claims 2 and 3 of the '925
`patent are invalid due to anticipation?
`We find on claim, with regard to Claim 2 the
`answer would be, "No".
`And with Claim 3 the answer is, "No".
`THE COURT:
`All right.
`Has Everlight proven by
`JUROR MONG:
`Number Two:
`clear and convincing evidence that Claims 2, 3 and 5 of the
`'925 patent are invalid due to obviousness?
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`VIZIO 1019
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`4:12-cv-11758-GAD-MKM Doc # 516 Filed 04/30/15 Pg 6 of 11 Pg ID 42000
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`6
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`For Claim 2 we answered, "Yes".
`For Claim 3 we answered, "Yes".
`For Claim 5 we answered, "Yes".
`Number Three:
`Has Everlight proven by clear and
`convincing evidence that Claims 2, 3, and 5 of the '925 patent
`are invalid due to lack of enablement?
`For Claim 2, we answered, "No".
`For Claim 3 we answered, "No".
`And for Claim 5 we answered, "No".
`Number Four:
`Has Everlight proven by clear and
`convincing evidence that Claims 2, 14, and 19 of the '960
`patent are invalid due to obviousness?
`For Claim 2 we answered, "Yes".
`For Claim 14 we answered, "Yes".
`For claim 19 we answered, "Yes".
`Number Five:
`Has Everlight proven by clear and
`convincing evidence that Claims 14 and 19 of the '960 patent
`are invalid due to lack of enablement?
`For Claim 14 we answered, "Yes".
`For Claim 19 we answered, "Yes".
`THE COURT:
`All right.
`Then, you stopped there?
`JUROR MONG: Yes.
`You can be seated.
`THE COURT:
`All right.
`And can you give that verdict form to my law
`
`clerk.
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`VIZIO 1019
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`4:12-cv-11758-GAD-MKM Doc # 516 Filed 04/30/15 Pg 7 of 11 Pg ID 42001
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`7
`
`Can we
`
`Ladies and gentlemen, one of the
`All right.
`things I need to do is to poll all of you to make sure that we
`have a unanimous verdict here.
`So I'm going to ask you each
`individually if that was your verdict.
`And so we'll start with Ms. Lingerfelt.
`pass the mic to her?
`Ms. Lingerfelt, was that your verdict?
`All right.
`JUROR LINGERFELT:
`Yes, it was.
`THE COURT:
`Okay.
`And we will go to, Ms.
`Lampasona, was that your verdict?
`JUROR LAMPASONA:
`Yes.
`THE COURT: And, Mr. Taylor, was that your verdict?
`JUROR TAYLOR: Yes, it was.
`THE COURT:
`And, Ms. Kostovski?
`JUROR KOSTOVSKI:
`Yes.
`THE COURT:
`Okay.
`And, Ms. Kennedy, was that
`your verdict?
`JUROR KENNEDY: Yes, it was.
`THE COURT:
`Let's pass it down to Mr. Verdoodt?
`JUROR VERDOODT:
`Yes. "Verdoodt".
`THE COURT:
`I keep messing that up. Okay.
`Mr. Verdoodt, was that your verdict?
`JUROR VERDOODT:
`Yes, it was.
`THE COURT:
`Mr. Mong, was that your verdict?
`JUROR MONG: Yes, it was.
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`4:12-cv-11758-GAD-MKM Doc # 516 Filed 04/30/15 Pg 8 of 11 Pg ID 42002
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`8
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`Okay.
`
`THE COURT:
`your verdict?
`JUROR FRANKLIN: Yes, it was.
`THE COURT:
`And, Ms. Isopi, was that your
`
`And, Mr. Franklin, was that
`
`verdict?
`
`JUROR ISOPI: Yes, it was.
`Thank you.
`THE COURT:
`All right.
`The jury has been polled and all have agreed to
`the verdict, so you can grab the mic from them.
`All right.
`Ladies and gentlemen, let me just
`tell you that now that you've reached a verdict your service on
`the case has been concluded, and let me just start by saying,
`thank you, again, because we have to have people from the
`community come in and decide cases.
`We can't do it without
`you.
`
`And I just want to reemphasize the fact that
`during the trial I noticed that everybody was attentive, and
`for a patent case to be presented and nobody to get sleepy, or
`nod their head and do that kind of thing, I was very impressed
`because I noticed that everybody was very attentive.
`And, again, in a two-week trial invariably
`somebody is late or has some kind of problem or issue, and no
`one did, except for Ms. Evans, I think her name was, you know.
`But you have really, really worked hard on the
`Like I said, I noticed everybody was attentive, some of
`
`case.
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`VIZIO 1019
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`4:12-cv-11758-GAD-MKM Doc # 516 Filed 04/30/15 Pg 9 of 11 Pg ID 42003
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`9
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`you took notes.
`And you will eventually receive some compensation
`There's a juror fee, I think it's $40 a day and
`for this.
`mileage and that kind of thing, so you will be compensated.
`I don't normally comment on verdicts, but my
`assumption is always that when a jury of nine people like you
`unanimously agree to something, then it's the right verdict as
`far as I'm concerned, and this is a case that I think your
`verdict was a very fair one.
`Again, I just want to thank you for your service.
`It's always a little hard when jury selection is occurring, and
`sometimes I feel rather callous in forcing people to come and
`stay with us for a week or two weeks, how ever long the trial
`lasts, and I know how important your daily lives are.
`I know
`that everybody has their routine at their jobs and the things
`that they have to do, and so when we kind of snatch you out of
`that, I feel a little bad about it.
`But we do have to have, like I said, people coming
`in to sit and serve.
`We really
`Your work, again, is invaluable.
`appreciate you sitting and serving on the case.
`I can't think of anything else I need to tell you.
`At this point, it's up to you whether you want to
`talk to anyone about the case.
`Frequently the lawyers want to
`talk to people just to see what your thinking was or your
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`VIZIO 1019
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`4:12-cv-11758-GAD-MKM Doc # 516 Filed 04/30/15 Pg 10 of 11 Pg ID 42004
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`10
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`If you want to talk to
`It's totally up to you.
`feelings were.
`them, you're free to do that.
`If you don't want to talk to
`them, you're free to do that.
`You can take off and leave but
`that's totally up to you, and, again, now that you've reached a
`verdict, you can discuss the case with anyone at any time from
`this point forward.
`So, I don't think I need to tell you anything else
`I do have some certificates to pass out to you
`here.
`reflecting your service and commitment on the case.
`And I think that's it.
`I don't know if I need to
`say anything else.
`So, with that, you may be excused and you're free
`
`to go.
`
`THE CLERK: All rise.
`(At 4:09 p.m. jury excused)
`THE COURT:
`I'm going to go inside and pass out
`the certificates.
`I will -- do either side want to talk to
`them?
`
`MR. TRAUPMAN: Yes.
`THE COURT:
`I'll see if they want to talk to you,
`and if they do, I'll see if they want to do it in the jury room
`or out here.
`
`So you can be seated.
`All right.
`Okay.
`(At 4:10 p.m. proceedings concluded)
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`VIZIO 1019
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`4:12-cv-11758-GAD-MKM Doc # 516 Filed 04/30/15 Pg 11 of 11 Pg ID 42005
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`11
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`C E R T I F I C A T E
`I, Merilyn J. Jones, Official Court Reporter of the
`United States District Court, Eastern District of Michigan,
`appointed pursuant to the provisions of Title 28, United States
`Code, Section 753, do hereby certify that the foregoing pages
`1-11, inclusive, comprise a full, true and correct transcript
`taken in the matter of Everlight Electronics Company Limited,
`et al versus Nichia Corporation, et al, 12-cv-11758 on
`Wednesday, April 22, 2015.
`
`/s/Merilyn J. Jones
`Merilyn J. Jones, CSR, RPR
`Federal Official Reporter
`231 W. Lafayette Boulevard, Suite 123
`Detroit, Michigan
`48226
`Date: April 23, 2015
`
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`VIZIO 1019
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