Case 2:11-cv-01578-GMN-PAL Document 264 Filed 05/21/15 Page 1 of 163
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`630
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`UNITED STATES DISTRICT COURT
`DISTRICT OF NEVADA
`BEFORE THE HONORABLE GLORIA M. NAVARRO
`CHIEF DISTRICT COURT JUDGE
`
`No. 2:11-cv-1578-GMN-PAL
`
`::::::::::::::
`
`SILVER STATE INTELLECTUAL
`TECHNOLOGIES, INC., a Nevada
`corporation,
`Plaintiff/Counterdefendant,
`vs.
`GARMIN INTERNATIONAL, INC., a
`Kansas corporation, and GARMIN
`USA, INC., a Kansas corporation,
`Defendants/Counterclaimants.
`
`TRANSCRIPT OF JURY TRIAL - DAY 5
`(Pages 630 through 792)
`
`May 20, 2015
`
`Las Vegas, Nevada
`
`FTR No. 7D/20150520 @ 1:04 p.m.
`
`Transcribed by:
`
`Donna Davidson, CCR, RDR, CRR
`(775) 329-0132
`dodavidson@att.net
`
`(Proceedings recorded by electronic sound recording,
`transcript produced by mechanical stenography and computer.)
`
`DONNA DAVIDSON
`
`(775) 329-0132
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`Case 2:11-cv-01578-GMN-PAL Document 264 Filed 05/21/15 Page 2 of 163
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`631
`
`A P P E A R A N C E S
`FOR THE PLAINTIFF/COUNTERDEFENDANT:
`Marko R. Zoretic
`Craig Steven Summers
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`2040 Main Street, Fourteenth Floor
`Irvine, California 92614
`Phone: (949) 760-0404
`Facsimile: (949) 760-9502
`marko.zoretic@knobbe.com
`craig.summers@knobbe.com
`Frederick S. Berretta
`Loni Schutte (aka Morrow)
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`12790 El Camino Real
`San Diego, California 92130
`Phone: (858) 707-4000
`Facsimile: (858) 707-4001
`Email: Fred.berretta@knobbe.com
`Loni.schutte@knobbe.com
`Ioanna S. Bouris
`KNOBBE, MARTENS, OLSON & BEAR, LLP
`10100 Santa Monica Boulevard
`Suite 1600
`Los Angeles, California 90067
`Phone: (310) 551-3450
`Facsimile: (310) 551-3458
`Email: Yanna.bouris@knobbe.com
`FOR THE DEFENDANTS/COUNTERCLAIMANTS:
`Nicholas Groombridge
`Jenny C. Wu
`Matthew Zorn
`Philip S. May
`David K. Stark
`PAUL, WEISS, RIFKIND, WHARTON & GARRISON LLP
`1285 Avenue of Americas
`New York, New York 10019
`Phone: (212) 373-3000
`Facsimile: (212) 757-3990
`ngroombridge@paulweiss.com
`jcwu@paulweiss.com
`mzorn@paulweiss.com
`pmay@paulweiss.com
`dstark@paulweiss.com
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`Case 2:11-cv-01578-GMN-PAL Document 264 Filed 05/21/15 Page 3 of 163
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`LAS VEGAS, NEVADA, MAY 20 2015, 1:04 P.M.
`--oOo--
`P R O C E E D I N G S
`
`(Outside the presence of the jury.)
`All rise.
`COURTROOM ADMINISTRATOR:
`Thank you.
`You may be seated.
`THE COURT:
`COURTROOM ADMINISTRATOR:
`This is the time set
`for the jury trial in case number 2:11-cv-1578-GMN-PAL,
`Silver State Intellectual Technologies, Inc., versus Garmin
`International, Inc.
`Counsel, please state your appearances for the
`
`record.
`
`Fred
`Good afternoon, Your Honor.
`MR. BERRETTA:
`Berretta of Knobbe Martens for the Plaintiff Silver State.
`With me are my colleagues Marko Zoretic, Yanna
`Bouris, Loni Morrow, and Craig Summers, and Mr. Michael
`Obradovich of Silver State.
`THE COURT:
`Good afternoon.
`MR. BERRETTA:
`Good afternoon.
`MR. GROOMBRIDGE:
`Good afternoon, Your Honor.
`Nicholas Groombridge for the defendants, joined by
`Ms. Jenny Wu, Mr. Matthew Zorn, and Mr. Philip May.
`And good afternoon as well.
`THE COURT:
`MR. GROOMBRIDGE:
`And of course, Mr. Jay Dee
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`Case 2:11-cv-01578-GMN-PAL Document 264 Filed 05/21/15 Page 4 of 163
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`Krull from Garmin.
`Yes.
`THE COURT:
`So is there a matter that you wanted
`All right.
`to take up before we bring in the jury?
`There were actually three
`MR. BERRETTA:
`matters, Your Honor.
`The first is that we are going to rest our case
`We're not going to bring back Dr. -- we
`this morning.
`hadn't planned on bringing back Dr. Sullivan for redirect.
`We -- he had a flight to go home, and we
`realized after we left the courtroom that the jury might
`have actually had questions for him.
`I apologize for that.
`We can -- he's available by phone, or he will be
`He could deal with any questions
`coming back in rebuttal.
`at that time.
`So we just wanted to let the Court know in
`case the jury had questions for Dr. Sullivan, and we
`weren't sure if they did or not.
`Well, this jury has not
`All right.
`THE COURT:
`been asking many questions, so I don't think it will be a
`big problem.
`We'll see if they have any questions first,
`and, if they do, then we can go from there.
`Is there any record that you'd like to make,
`Mr. Groombridge, as to that particular issue?
`Did you
`think he was going to be -- you were done with your cross,
`correct?
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`Case 2:11-cv-01578-GMN-PAL Document 264 Filed 05/21/15 Page 28 of 163
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`657
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`Your Honor, at this time
`MR. BERRETTA:
`Plaintiff Silver State rests its case.
`All right.
`THE COURT:
`And, Mr. Groombridge, did the defense want to
`call any witnesses?
`Yes, Your Honor.
`MR. GROOMBRIDGE:
`calls as its first witness Mr. Jay Dee Krull.
`All right.
`Mr. Krull.
`THE COURT:
`Please be careful, sir, with the exposed wire
`there, and watch your step on the two steps as you come on
`up.
`
`The defense
`
`Your Honor, we do have some
`MR. GROOMBRIDGE:
`And perhaps we can retrieve the binders that
`materials.
`are left behind from Dr. Sullivan?
`THE COURT:
`Yes, of course.
`COURTROOM ADMINISTRATOR:
`Please raise your
`right hand.
`You do solemnly swear that the testimony you
`shall give in the cause now before the Court shall be the
`truth, the whole truth, and nothing but the truth, so help
`you God?
`
`I do.
`THE WITNESS:
`COURTROOM ADMINISTRATOR:
`your full name for the record.
`My name is Jay Dee Krull.
`THE WITNESS:
`
`Please state and spell
`
`First
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`Case 2:11-cv-01578-GMN-PAL Document 264 Filed 05/21/15 Page 29 of 163
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`name Jay, J-a-y; middle name Dee, spelled D-e-e; last name
`Krull, spelled K-r-u-l-l.
`JAY DEE KRULL
`called as a witness on behalf of the
`Defense, was examined and testified as follows:
`DIRECT EXAMINATION
`
`BY MR. GROOMBRIDGE:
`Mr. Krull, where are you from?
`Q.
`It's a
`I currently reside in Overland Park, Kansas.
`A.
`We're in the southwest corner of
`suburb of Kansas City.
`the Kansas City metropolitan area.
`It borders Olathe where
`I work at Garmin.
`I was born and raised in Blue Mountain, Kansas.
`It's a small rural farming community about an hour and 15
`minute drive south, a little bit west of the Overland Park
`and Olathe suburbs.
`And where did you go to school?
`Q.
`I attended high school at Jayhawk-Linn High School
`A.
`in Mountain City, Kansas, a neighboring town to Blue
`Mountain.
`
`We had three communities that went together to
`make a consolidated high school where I graduated with 38
`classmates.
`I went to college at Pittsburgh State University
`I got a four-year bachelor's degree
`in southeast Kansas.
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`Case 2:11-cv-01578-GMN-PAL Document 264 Filed 05/21/15 Page 30 of 163
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`659
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`in computer science from Pittsburgh State.
`And when did you join Garmin?
`Q.
`My first day at Garmin was October 25th, 1989.
`A.
`How come you remember that specific date?
`Q.
`Garmin has been a very special experience for me
`A.
`from the very beginning.
`I have the unique honor and
`privilege of being Garmin's first employee.
`There are four other engineers, employees ahead
`of me, but each of them owned at least a portion of the
`I was the first worker bee.
`company.
`And when you were hired on as the first employee,
`Q.
`what were your responsibilities?
`I was a software engineer.
`A.
`There
`We were the one group that had a team.
`And in that first few
`were three of us software engineers.
`weeks we grew to a small team of about a dozen engineering
`associates working on our first product.
`I'm going to come back to the product, but let's
`Q.
`just do a little bit more background.
`What's your title now?
`My current title is Director Software Excellence for
`A.
`our Consumer Engineering Division.
`What do you do
`And what -- what does that involve?
`Q.
`and what is the consumer engineering division?
`Well, I have a bit of a custom job description, but
`A.
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`Case 2:11-cv-01578-GMN-PAL Document 264 Filed 05/21/15 Page 31 of 163
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`660
`
`the first two bullets relate to that descriptive term
`"software excellence."
`As a, you know, education-trained computer
`scientist, I have a special appreciation for the way
`software's developed, the methods you use, the processes
`you follow.
`So one of my significant roles at Garmin today
`is for our consumer group, that I oversee the methods we
`use, the tools that we use.
`One of the groups that I supervise is a support
`group for specialized tools that we use in software
`engineering.
`Could you tell the jury about how Garmin came to be
`Q.
`founded.
`The two main
`It started with GPS technology.
`A.
`founding fathers, Gary Burrell, the G-a-r from Gary in
`Garmin, and Min Kao, the M-i-n in Garmin, were working at a
`company called King Radio.
`It was incorporated in Kansas.
`It was part of a larger company at the time called Allied
`Signal Bendix King.
`We were the general aviation avionics
`division.
`
`I actually worked directly for Min at King.
`Min and another gentleman, Dave Casey, who was
`also an engineer at Garmin at the time, had been the key
`technologists in developing a GPS system for King Radio.
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`Case 2:11-cv-01578-GMN-PAL Document 264 Filed 05/21/15 Page 56 of 163
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`685
`Now, our products, like the GPS 155 that has to
`be mounted in an airplane and certified, those you can't
`just sell over the counter, you have to have somebody
`that's certified to do the installation work do those.
`But for our portable products, they're very
`popular at these shows because you can literally walk up to
`any one of these booths -- in fact, you can go price shop
`between the booths, and take one over the counter and fly
`So very popular.
`home with it from the show.
`Anyway, that's why I know the weekend literally,
`right, that the 195 was available in '96, as well as this
`one year later, the aviation version, available in '97.
`Let me ask you to look in that white binder in front
`Q.
`of you, if you could, please, and turn to tab 7.
`I'm there.
`A.
`And what is that?
`Q.
`This is the owner's manual for the GPS III, and this
`A.
`was the physical one that came out of the box.
`So it looks
`like it's a printout of this.
`And does it have the number Exhibit 1135 on it?
`Q.
`It does.
`A.
`Now, Mr. Krull, did you review this manual in the
`Q.
`course of your work when you were developing the -- or
`assisting with the development of the GPS III product?
`Yes, I did.
`A.
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`686
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`Your Honor, we would offer
`
`MR. GROOMBRIDGE:
`Exhibit 135 into evidence.
`Any objection to Exhibit 135?
`THE COURT:
`MR. BERRETTA:
`It's 1135.
`No objection, Your Honor.
`Thank you.
`1135.
`I'm sorry.
`THE COURT:
`(Defendants' Exhibit 1135 received into
`evidence.)
`BY MR. GROOMBRIDGE:
`All right.
`Now, Mr. Krull, did the manual come with
`Q.
`the product?
`Yes.
`A.
`And I'd like to take a look at
`MR. GROOMBRIDGE:
`the -- some of the things in this manual.
`Mr. Gore, could you put this up on the screen,
`please, Exhibit 1135.
`BY MR. GROOMBRIDGE:
`And there -- are we looking at the cover page of the
`Q.
`manual?
`Yes.
`A.
`And let's move on and go to
`MR. GROOMBRIDGE:
`page -- I'm going to use the little numbers at the bottom
`in the lower right-hand corner, 020.
`And let's see, Mr. Gore, if we could enlarge the
`drawing that appears on the left-hand side.
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`Case 2:11-cv-01578-GMN-PAL Document 264 Filed 05/21/15 Page 65 of 163
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`694
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`that Velcro to your dash and then simply stick it on the
`Velcro and it would hold in place while you drive down the
`road and use it for reference, just like your mall map
`image on the map follows you as opposed to you go find the
`next kiosk.
`And just before we leave this,
`MR. GROOMBRIDGE:
`let's go back to the page with the number 002, please, and
`blow up the text in the upper left-hand corner.
`BY MR. GROOMBRIDGE:
`Now, does that have a copyright date of 1997?
`Q.
`Yes, it does.
`A.
`And was this manual provided to customers of Garmin
`Q.
`who purchased the product in 1997?
`Yes.
`In fact, the very top corner says "Software
`A.
`Version 2.0 or above."
`And software version 2.0 is our
`convention, it's the first production version.
`Any version less than 2.0 would be what we used
`during development to uniquely identify the products.
`So this would have been the one that came out
`with the product in its original state.
`Now, I'd like to move on to the next
`Thank you.
`Q.
`installment in the series of products.
`Do you --
`Just to
`I'm sorry, Mr. Groombridge.
`THE COURT:
`be clear, I want to make sure, all of these that we were
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`EXHIBIT 1035.011
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`Case 2:11-cv-01578-GMN-PAL Document 264 Filed 05/21/15 Page 162 of 163
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`791
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`-o0o-
`I certify that the foregoing is a correct
`transcript from the electronic sound recording
`of the proceedings in the above-entitled matter.
`
`5/21/15
`
`
`
`
`
`
`Donna Davidson
`Date
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`Case 2:11-cv-01578-GMN-PAL Document 264 Filed 05/21/15 Page 163 of 163
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`I N D E X
`
`DEFENSE WITNESSES:
`JAY DEE KRULL
`Direct Examination By Mr. Groombridge
`Cross-Examination By Mr. Berretta
`Redirect Examination By Mr.
`Groombridge
`KENNETH ARTHUR BOLTON
`Direct Examination By Mr. Groombridge
`Cross-Examination By Mr. Zoretic
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`E X H I B I T S
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`PLAINTIFF'S
`783
`916
`917
`918
`DEFENDANTS'
`1001
`1129
`1135
`1344
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`PAGE
`658
`728
`748
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`750
`777
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`ADMITTED
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