`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE WESTERN DISTRICT OF TEXAS
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`WACO DIVISION
`
`MV3 PARTNERS, LLC
`
`
`
`
`VS.
`
`
`ROKU, INC.
`
`*
`*
`*
`* CIVIL ACTION NO. W-18-CV-308
`*
`*
`
`July 19, 2019
`
`BEFORE THE HONORABLE ALAN D ALBRIGHT, JUDGE PRESIDING
`MARKMAN HEARING
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`APPEARANCES:
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`For the Plaintiff:
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`For the Defendant:
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`J. Mark Mann, Esq.
`Andy W. Tindel, Esq.
`Mann Tindel Thompson
`300 W. Main St.
`Henderson, TX 75652
`
`Jonathan K. Waldrop, Esq.
`Rodney R. Miller, Esq.
`Daniel C. Miller, Esq.
`Kasowitz Benson Torres LLP
`1349 West Peachtree Street N.W.
`Suite 1500
`Atlanta, GA 30309
`
`Craig D. Cherry, Esq.
`Haley & Olson, P.C.
`100 N Ritchie Road, Suite 200
`Waco, TX 76712
`
`Richard D. Milvenan, Esq.
`McGinnis Lochridge and Kilgore
`600 Congress Avenue, Suite 2100
`Austin, TX 78701
`
`Alexander J. Hadjis, Esq.
`Lisa M. Mandrusiak, Esq.
`Michael D. West, Esq.
`Oblon, McClelland, Maier &
` Neustadt, LLP
`1940 Duke Street, 11th Floor
`Alexandria, VA 22314
`
`IPR2020-00019
`Fintiv EX2024 Page 1
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`53
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`within three or four weeks, but the purpose of giving you all
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`the claim constructions determinations today is I'm -- the --
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`I'm losing my words. I was going to say that the holding --
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`the tolling -- whatever. You can start discovery on Monday is
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`what I'm trying to get across. I can't think of the right
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`word. I apologize. So discovery begins Monday. We have a
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`trial date in this case. Counsel for Roku informed me the
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`other day that an IPR has been instituted. I'm aware of that,
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`but we're going to -- I'm not going to stay the case based on
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`the IPR institution and we are set for trial in July, June?
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`MR. MANN: June.
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`THE COURT: June of 2020?
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`MR. MANN: Yes, sir.
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`THE COURT: Okay. You know, so we will -- I'll plan on
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`seeing you guys in June if you don't resolve it. As you all
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`know, I don't send people to mediation. You know, you have
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`your claim constructions now, helpful or not, and if you want
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`to mediate, God bless you if you don't, we'll be in trial. I
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`like trials. I like really good lawyers and you guys are
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`really good lawyers.
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`And so is there anything else we need to take up?
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`MR. HADJIS: Your Honor, at the risk of annoying you, I'll
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`be blunt, I would ask for your indulgence on some argument on
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`docking port if Your Honor would hear it. If not, we
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`understand and we will --
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`IPR2020-00019
`Fintiv EX2024 Page 2
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`60
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`UNITED STATES DISTRICT COURT )
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`WESTERN DISTRICT OF TEXAS
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`)
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`I, Kristie M. Davis, Official Court Reporter for the
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`United States District Court, Western District of Texas, do
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`certify that the foregoing is a correct transcript from the
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`record of proceedings in the above-entitled matter.
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`I certify that the transcript fees and format comply with
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`those prescribed by the Court and Judicial Conference of the
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`United States.
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`Certified to by me this 22nd day of July 2019.
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`/s/ Kristie M. Davis
`KRISTIE M. DAVIS
`Official Court Reporter
`800 Franklin Avenue, Suite 316
`Waco, Texas 76701
`(254) 340-6114
`kmdaviscsr@yahoo.com
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`IPR2020-00019
`Fintiv EX2024 Page 3
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`
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