`
`7/20/20, 6:07 PM
`
`MV3 Partners LLC v. Roku, Inc. WDTX-6-18-cv-00308
`
`Docket Entries
`
`Case Numbers: WDTX-6-18-cv-00308
`
`346 Results
`
`#
`
`Description
`
`302
`
`Transcript filed of Proceedings held on 7-7-20, Proceedings Transcribed: Telephonic Status Conference.
`Court Reporter/Transcriber: Kristie Davis, Telephone number: 254-340-6114. Parties are notified of their
`duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be
`purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is
`necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the
`transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail
`a copy of this notice to parties not electronically noticed Redaction Request due 7/29/2020, Redacted
`Transcript Deadline set for 8/10/2020, Release of Transcript Restriction set for 10/6/2020, (kd) (Entered:
`07/08/2020)
`
`301 Minute Entry for proceedings held before Judge Alan D Albright: Status Conference held on 7/7/2020.
`Case called for telephonic status conference. The Court let the parties know that due to the pandemic
`unfortunately that the trial will have to be continued again. The Court suggests the Jury Selection on
`September 3rd or 4th and the trial will start on September 8 - 11, and then continue on the 14th. Counsel
`is concerned that planning the trial for September may be too soon. The Court said he will go ahead and
`set the trial and then we will hope that we will be able to proceed at that time. The Final Pretrial
`Conference should be August 27th. The jury panel will be different so new questionnaires will be sent
`out. (Minute entry documents are not available electronically.). (Court Reporter Kristie Davis.)(lad)
`(Entered: 07/07/2020)
`
`299 ORDER Setting Telephonic Status Conference for 7/7/2020 03:00 PM before Judge Alan D Albright.
`Signed by Judge Alan D Albright. (lad) (Entered: 07/06/2020)
`
`Date
`
`Jul. 08, 2020
`
`Jul. 07, 2020
`
`Jul. 06, 2020
`
`Jul. 06, 2020
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`Jul. 02, 2020
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`Jun. 26, 2020
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`Jun. 21, 2020
`
`300
`
`298
`
`297
`
`NOTICE of Decision in Related Proceeding by MV3 Partners LLC (Attachments: # 1 Exhibit 1 - Final Written
`Decision)(Tindel, Andy) (Entered: 07/06/2020)
`
`RESPONSE in Support, filed by Roku, Inc., re 292 Opposed MOTION to supplement Pretrial Order filed
`by Defendant Roku, Inc. (Mandrusiak, Lisa) (Entered: 07/02/2020)
`
`Response in Opposition to Motion, filed by MV3 Partners LLC, re 292 Opposed MOTION to supplement
`Pretrial Order filed by Defendant Roku, Inc. (Attachments: # 1 Proposed Order Denying Roku's Motion to
`Supplement Pretrial Order)(Tindel, Andy) (Entered: 06/26/2020)
`
`Text Order GRANTING 296 Motion for Extension of Time to File Response/Reply entered by Judge Alan
`D Albright. Before the Court is the Unopposed Motion for Extension of Time to File a Response to
`Defendant Roku, Inc.'s Motion to Supplement the Pretrial Order filed by MV3 Partners LLC. The Court
`GRANTS the motion. It is therefore ORDERED that Plaintiff MV3 Partners LLC shall have up to and
`including June 26, 2020in which to file a Response. (This is a text-only entry generated by the court.
`There is no document associated with this entry.) (jy) (Entered: 06/21/2020)
`
`Transcript filed of Proceedings held on 6-15-20, Proceedings Transcribed: Telephonic Status Conference.
`Court Reporter/Transcriber: Kristie Davis, Telephone number: 254-340-6114. Tape Number: 6-15-20.
`Parties are notified of their duty to review the transcript to ensure compliance with the FRCP
`5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or viewed at the clerk's office
`public terminal. If redaction is necessary, a Notice of Redaction Request must be filed within 21 days. If
`no such Notice is filed, the transcript will be made available via PACER without redaction after 90
`calendar days. The clerk will mail a copy of this notice to parties not electronically noticed Redaction
`Request due 7/9/2020, Redacted Transcript Deadline set for 7/20/2020, Release of Transcript Restriction
`set for 9/16/2020, (kd) (Entered: 06/18/2020)
`
`Unopposed MOTION for Extension of Time to File Response/Reply to Roku, Inc.'s Motion to Supplement
`Pretrial Order by MV3 Partners LLC. (Attachments: # 1 Proposed Order Granting MV3's Motion for
`Extension of Time to File a Response to Roku's Motion to Supplement Pretrial Order)(Tindel, Andy)
`(Entered: 06/18/2020)
`
`Jun. 18, 2020
`
`295
`
`Jun. 18, 2020
`
`296
`
`https://search.docketnavigator.com/patent/case/192596/3?print=true
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`Page 1 of 26
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`IPR2020-00686
`Apple EX1036 Page 1
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`
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`MV3 Partners LLC v. Roku, Inc. WDTX-6-18-cv-00308
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`7/20/20, 6:07 PM
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`Jun. 15, 2020
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`Jun. 15, 2020
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`Jun. 12, 2020
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`Jun. 12, 2020
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`293 Minute Entry for proceedings held before Judge Alan D Albright: Status Conference held on 6/15/2020.
`Case called for telephonic status conference. The Court explained that we will not be able to hold the
`trial as it has been set due to the pandemic. The Court suggests August 3 however he cannot guarantee
`that the pandemic will allow the trial to go forward then. The Court will set the trial for August 3. The
`thinking would be that the jury would be picked Thursday or Friday before possibly having the trial but
`right now there is a Markman Hearing set on August 7 so the Court may move that Markman Hearing
`and have the trial Monday through Thursday from 9 to 5 and then have Friday off and start up again the
`next Monday, August 10. The Final Pretrial conference set this week will be postponed until about 10
`days before the new trial date. There was a question about the questionnaires that have been sent out
`and if there will be another questionnaire done. Parties will confer with their clients to make sure August
`3 but if not perhaps August 10 for the trial date start. (Minute entry documents are not available
`electronically.). (Court Reporter Kristie Davis.)(lad) (Entered: 06/15/2020)
`
`294 ORDER CANCELLING FINAL PRETRIAL CONFERENCE. FINAL PRETRIAL CONFERENCE on Thursday,
`June 18, 2020 at 01:30 PM is hereby CANCELLED until further order of the court. Signed by Judge Alan
`D Albright. (lad) (Entered: 06/15/2020)
`
`291 ORDER SETTING TELEPHONIC STATUS CONFERENCE for 6/15/2020 09:00 AM before Judge Alan D
`Albright. Signed by Judge Alan D Albright. (lad) (Entered: 06/12/2020)
`
`292 Opposed MOTION to supplement Pretrial Order by Roku, Inc.. (Attachments: # 1 Proposed Order, # 2
`Exhibit A - Supplemental List, # 3 Exhibit B - Email)(Mandrusiak, Lisa) (Entered: 06/12/2020)
`
`Jun. 11, 2020
`
`290
`
`Jun. 07, 2020
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`289
`
`NOTICE of Filing Joint Notice re Submission of Pretrial Filings by Roku, Inc. and by MV3 Partners LLC
`(Attachments: # 1 Exhibit 1 - MV3's Objections to Roku's Trial Witness List, # 2 Exhibit 2 - MV3's
`Objections to Roku's Trial Exhibit List, # 3 Exhibit 3 - Roku's Objections to MV3's Trial Exhibit List, # 4
`Exhibit 4 - MV3's Objections to Roku's Deposition Designations, # 5 Exhibit 5 - Roku's Objections to
`MV3's Deposition Designations, # 6 Exhibit 6 - MV3's Proposed Jury Verdict Form, # 7 Exhibit 7 - Roku's
`Proposed Jury Verdict Form, # 8 Exhibit 8 - MV3's & Roku's Combined Agreed/Disputed Jury
`Instructions)(Tindel, Andy) (Entered: 06/11/2020)
`
`Transcript filed of Proceedings held on 6-4-2020, Proceedings Transcribed: Pretrial Conference. Court
`Reporter/Transcriber: Kristie Davis, Telephone number: 254-340-6114. Parties are notified of their duty to
`review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased
`from the court reporter or viewed at the clerk's office public terminal. If redaction is necessary, a Notice
`of Redaction Request must be filed within 21 days. If no such Notice is filed, the transcript will be made
`available via PACER without redaction after 90 calendar days. The clerk will mail a copy of this notice to
`parties not electronically noticed Redaction Request due 6/29/2020, Redacted Transcript Deadline set
`for 7/8/2020, Release of Transcript Restriction set for 9/7/2020, (kd) (Entered: 06/07/2020)
`
`Jun. 04, 2020
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`Jun. 03, 2020
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`Jun. 02, 2020
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`May. 29, 2020
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`May. 28, 2020
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`May. 28, 2020
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`May. 27, 2020
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`288 Minute Entry for proceedings held before Judge Alan D Albright: Pretrial Conference held on 6/4/2020.
`Case called for pretrial conference. The Court heard arguments and made rulings on pending motions.
`The Court also heard arguments on Motions for Summary Judgments and made rulings. Orders should
`be forthcoming. The Court reviewed their procedures regarding the jury trial. The parties will provide box
`lunches for the jury each day. The witnesses will be behind plexiglass. Only 3 people can sit at counsel
`table. No physical exhibits except for ELMO, otherwise electronically available to jury. When there are
`bench conferences will have one counsel from each side to approach the bench. (Minute entry
`documents are not available electronically.) (Court Reporter Lily Reznik.)(lad) (Entered: 06/04/2020)
`
`287 ORDER re 285 Order setting Final Pretrial Conference. Parties, or counsel acting on their behalf, to
`appear by phone for 6/4/2020 Pretrial conference, rather than in person in the Austin courthouse if they
`wish. Signed by Judge Alan D Albright. (lad) (Entered: 06/03/2020)
`
`286
`
`NOTICE to Attorneys regarding Jury Evidence Recording System (JERS) Instructions. (mc5) (Entered:
`06/02/2020)
`
`285 ORDER SETTING FINAL PRETRIAL CONFERENCE for 6/4/2020 09:00 AM before Judge Alan D Albright.
`Signed by Judge Alan D Albright. (lad) (Entered: 05/29/2020)
`
`283 MOTION to Appear Pro Hac Vice by Richard D. Milvenan Christopher Ricciuti ( Filing fee $ 100 receipt
`number 0542-13611407) by on behalf of Roku, Inc.. (Milvenan, Richard) (Entered: 05/28/2020)
`
`284 MOTION to Appear Pro Hac Vice by Richard D. Milvenan Frank J. West ( Filing fee $ 100 receipt number
`0542-13611497) by on behalf of Roku, Inc.. (Milvenan, Richard) (Entered: 05/28/2020)
`
`Text Order GRANTING 281 Motion for Leave to File Sealed Document entered by Judge Alan D Albright.
`Came on for consideration is Defendants' Motion to File a Sealed Document. Because there is good
`cause, the Court GRANTS the motion, and the Clerk's Office is directed to file the Motion and Exhibits
`under seal. (This is a text-only entry generated by the court. There is no document associated with this
`entry.) (jy) (Entered: 05/27/2020)
`
`https://search.docketnavigator.com/patent/case/192596/3?print=true
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`Page 2 of 26
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`IPR2020-00686
`Apple EX1036 Page 2
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`
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`MV3 Partners LLC v. Roku, Inc. WDTX-6-18-cv-00308
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`7/20/20, 6:07 PM
`
`May. 27, 2020
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`May. 26, 2020
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`May. 26, 2020
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`May. 26, 2020
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`May. 21, 2020
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`May. 20, 2020
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`282
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`279
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`280
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`281
`
`Sealed Document filed: ROKUS REPLY IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT (DIAL)
`(lad) (Entered: 05/27/2020)
`
`Transcript filed of Proceedings held on May 21, 2020, Proceedings Transcribed: Telephone Conference.
`Court Reporter/Transcriber: Lily I. Reznik, Telephone number: 512-391-8792 or
`Lily_Reznik@txwd.uscourts.gov. Parties are notified of their duty to review the transcript to ensure
`compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or
`viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must
`be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without
`redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically
`noticed Redaction Request due 6/16/2020, Redacted Transcript Deadline set for 6/26/2020, Release of
`Transcript Restriction set for 8/24/2020, (lr) (Entered: 05/26/2020)
`
`Unopposed MOTION for Leave to Exceed Page Limitation for Reply in Support of Summary Judgment
`(DIAL) by Roku, Inc.. (Attachments: # 1 Proposed Order re: additional pages)(Mandrusiak, Lisa) (Entered:
`05/26/2020)
`
`Unopposed Motion for leave to File Sealed Document (Attachments: # 1 Proposed Order re: File Sealed
`Documents, # 2 Sealed Document Reply in Support of Motion for Summary Judgment (DIAL))
`(Mandrusiak, Lisa) (Entered: 05/26/2020)
`
`278 Minute Entry for proceedings held before Judge Jeffrey C. Manske: Telephone Conference held on
`5/21/2020. ENTERED APPEARANCES. COURT AND COUNSEL DISCUSS PROCEDURE FOR JURY
`SELECTION. VOIR DIRE TO COMMENCE ON 6/25/2020 AT 9:30 AM. THE JURY WILL CONSIST OF 8
`JURORS. EACH SIDE SHALL BE ALLOWED 4 PEREMPTORY STRIKES AS DISCUSSED ON THE RECORD.
`BY 5:00 PM ON 6/18/2020 COUNSEL SHALL SUBMIT THE FOLLOWING: ANY QUESTIONS THEY WANT
`THE JUDGE TO ASK THE PROSEPECTIVE JURORS DURING VOIR DIRE; A JOINT STATEMENT OF THE
`CASE TO BE READ TO THE PROSEPCTIVE JURORS. IN THE EVENT COUNSEL CANNOT AGREE ON A
`JOINT STATEMENT, EACH SIDE SHALL SUBMIT A 1 PAGE STATEMENT. ANY OBJECTIONS TO THE 1
`PAGE SEPERATE STATEMENTS OF THE CASE TO BE SUBMITTED BY 5:00 PM ON 6/22/2020. ON
`6/25/2020 AT 8:45 AM COUNSEL TO BE PRESENT TO ARGUE AS TO ANY OBJECTIONS IF SEPERATE
`STATEMENTS OF THE CASE AND AS TO ANY PROPOSED QUESTIONS. COUNSEL CAN OBTAIN
`COPIES OF THE RETURNED PROSEPCTIVE JUROR QUESTIONNAIRES BY 5:00 PM ON 6/18/2020.
`(Minute entry documents are not available electronically.). (Court Reporter FTR.)(am) (Entered:
`05/21/2020)
`
`Text Order GRANTING 275 Motion for Leave to File Sealed Document entered by Judge Alan D Albright.
`Before the Court is MV3 Partners' Unopposed Motion for Leave to File Sealed Documents. The Court
`GRANTS the motion. The Clerk's Office is directed to file MV3's Opposition to Defendant's Second
`Motion for Summary Judgment (DIAL Functionality) and associated declaration and exhibits under seal.
`(This is a text-only entry generated by the court. There is no document associated with this entry.) (jy)
`(Entered: 05/20/2020)
`
`Sealed Document filed: MV3's Opposition to Roku's 2nd MSJ (DIAL) (Attachments: # 1 Exhibit Waldrop
`Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8
`Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15
`Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Exhibit S, # 21 Exhibit T, # 22
`Exhibit U, # 23 Exhibit V, # 24 Proposed Order) (lad) (Motion for leave to file 2nd MSJ is at 220 ) (Entered:
`05/20/2020)
`
`May. 20, 2020
`
`276
`
`May. 20, 2020
`
`277 ORDER SETTING TELEPHONIC CONFERENCE, Telephone Conference set for 5/21/2020 01:30 PM
`before Judge Jeffrey C. Manske. Signed by Judge Jeffrey C. Manske. (am) (Entered: 05/20/2020)
`
`May. 19, 2020
`
`274
`
`Transcript filed of Proceedings held on 5-13-20, Proceedings Transcribed: Telephonic Status Conference.
`Court Reporter/Transcriber: Kristie Davis, Telephone number: 254-340-6114. Parties are notified of their
`duty to review the transcript to ensure compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be
`purchased from the court reporter or viewed at the clerk's office public terminal. If redaction is
`necessary, a Notice of Redaction Request must be filed within 21 days. If no such Notice is filed, the
`transcript will be made available via PACER without redaction after 90 calendar days. The clerk will mail
`a copy of this notice to parties not electronically noticed Redaction Request due 6/9/2020, Redacted
`Transcript Deadline set for 6/19/2020, Release of Transcript Restriction set for 8/17/2020, (kd) (Entered:
`05/19/2020)
`
`https://search.docketnavigator.com/patent/case/192596/3?print=true
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`Page 3 of 26
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`IPR2020-00686
`Apple EX1036 Page 3
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`
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`MV3 Partners LLC v. Roku, Inc. WDTX-6-18-cv-00308
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`7/20/20, 6:07 PM
`
`May. 19, 2020
`
`275
`
`Unopposed Motion for leave to File Sealed Document (Attachments: # 1 Sealed Document MV3's
`Opposition to Roku's 2nd MSJ (DIAL), # 2 Sealed Document Waldrop Decl. ISO MV3's Opposition to
`Roku's 2nd MSJ (DIAL), # 3 Sealed Document Exhibit A, # 4 Sealed Document Exhibit B, # 5 Sealed
`Document Exhibit C, # 6 Sealed Document Exhibit D, # 7 Sealed Document Exhibit E, # 8 Sealed
`Document Exhibit F, # 9 Sealed Document Exhibit G, # 10 Sealed Document Exhibit H, # 11 Sealed
`Document Exhibit I, # 12 Sealed Document Exhibit J, # 13 Sealed Document Exhibit K, # 14 Sealed
`Document Exhibit L, # 15 Sealed Document Exhibit M, # 16 Sealed Document Exhibit N, # 17 Sealed
`Document Exhibit O, # 18 Sealed Document Exhibit P, # 19 Sealed Document Exhibit Q, # 20 Sealed
`Document Exhibit R, # 21 Sealed Document Exhibit S, # 22 Sealed Document Exhibit T, # 23 Sealed
`Document Exhibit U, # 24 Sealed Document Exhibit V, # 25 Proposed Order Denying Roku's 2nd MSJ
`(DIAL), # 26 Proposed Order Granting MV3's Motion for Leave to File Sealed Documents) (Tindel, Andy)
`(Entered: 05/19/2020)
`
`May. 15, 2020
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`May. 15, 2020
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`May. 13, 2020
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`May. 11, 2020
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`May. 07, 2020
`
`May. 07, 2020
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`May. 07, 2020
`
`May. 07, 2020
`
`May. 07, 2020
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`May. 07, 2020
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`May. 07, 2020
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`May. 07, 2020
`
`May. 07, 2020
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`May. 07, 2020
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`272 ORDER RESETTING JURY SELECTION AND TRIAL for 6/29/2020 09:00 AM before Judge Alan D
`Albright. Signed by Judge Alan D Albright. (lad) (Entered: 05/15/2020)
`
`273 ORDER RESETTING FINAL PRETRIAL CONFERENCE for 6/18/2020 01:30 PM before Judge Alan D
`Albright. Signed by Judge Alan D Albright. (lad) (Entered: 05/15/2020)
`
`271 Minute Entry for proceedings held before Judge Alan D Albright: Case called for telephonic status
`conference. Court explained trial was continued to June 29 and that the date was unavoidable. The
`Court plans to have Mon - Wednesday and then the next week have Mon -Thursday. The Court was
`asked about when the jury should be selected. The Court feels that maybe the jury will be chosen the
`Thursday or Friday before. Judge plans to have 8 people on the jury. The Defendant has a conflict with
`one expert witness who is to be expert in EDTX trial from 7/6 - 7/10. The Court says trial must go when
`set - we will have to work around conflicts. The Court states that at the Pretrial conference the amount of
`time limits will be discussed. The Court asks the parties to confer and discuss with the law clerk about
`the final pretrial conference. (Minute entry documents are not available electronically.). (Court Reporter
`Kristie Davis.)(am) (Entered: 05/13/2020)
`
`270 ORDER SETTING TELEPHONIC STATUS CONFERENCE, Telephone Conference set for 5/13/2020 03:30
`PM before Judge Alan D Albright. Signed by Judge Alan D Albright. (am) (Entered: 05/11/2020)
`
`Text Order GRANTING 260 Motion for Leave to File Excess Pages entered by Judge Alan D Albright.
`Before the Court is MV3 Partners' Unopposed Motion for Leave to Exceed Page Limits for its Reply in
`Support of MV3 MIL #4. The Court GRANTS the motion. It is therefore ORDERED that MV3 is hereby
`given leave to file its Reply in Support of MIL #4 that exceeds the applicable page limits by five (5) pages.
`(This is a text-only entry generated by the court. There is no document associated with this entry.) (jy)
`(Entered: 05/07/2020)
`
`Text Order GRANTING 245 Motion to Withdraw as Attorney. entered by Judge Alan D Albright. On this
`day came on to be considered the Unopposed Motion to Withdraw Daniel Miller as Counsel filed by
`Fintiv, Inc. The Court GRANTS the motion. The Clerk's Office is directed to terminate CM/ECF notices to
`Daniel Miller in the above referenced action. (This is a text-only entry generated by the court. There is no
`document associated with this entry.) (jy) (Entered: 05/07/2020)
`
`Text Order GRANTING 261 Motion for Leave to File Sealed Document entered by Judge Alan D Albright.
`Before the Court is MV3 Partners' Unopposed Motion for Leave to File Sealed Documents. The Court
`GRANTS the motion. The Clerk's Office is directed to file MV3's reply in support of MV3 MIL #4 under
`seal. (This is a text-only entry generated by the court. There is no document associated with this entry.)
`(jy) (Entered: 05/07/2020)
`
`Sealed Document filed: Roku's Reply in Support of 208 Roku MIL No. 1 (lad) (Entered: 05/07/2020)
`
`Sealed Document filed: Roku's Reply in Support of 210 Roku MIL No. 3 (lad) (Entered: 05/07/2020)
`
`Sealed Document filed: Roku's Reply in Support of 211 Roku MIL No. 5 (lad) (Entered: 05/07/2020)
`
`Sealed Document filed : Roku's Reply in Support of 213 Roku MIL No. 7 (lad) (Entered: 05/07/2020)
`
`Sealed Document filed : MV3's Reply In Support of 214 MV3 MIL No. 2 (Attachments: # 1 Waldrop
`Declaration, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3) (lad) (Entered: 05/07/2020)
`
`Sealed Document filed: MV3's Reply In Support of 215 MV3 MIL No. 3 (Attachments: # 1 Waldrop
`Declaration, # 2 Exhibit D, # 3 Exhibit E) (lad) (Entered: 05/07/2020)
`
`Sealed Document filed : MV3's Reply In Support of 216 MV3 MIL No. 4 (Attachments: # 1 Waldrop
`Declaration, # 2 Exhibit D) (lad) (Entered: 05/07/2020)
`
`263
`
`264
`
`265
`
`266
`
`267
`
`268
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`269
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`https://search.docketnavigator.com/patent/case/192596/3?print=true
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`Page 4 of 26
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`IPR2020-00686
`Apple EX1036 Page 4
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`
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`MV3 Partners LLC v. Roku, Inc. WDTX-6-18-cv-00308
`
`7/20/20, 6:07 PM
`
`May. 06, 2020
`
`May. 06, 2020
`
`May. 06, 2020
`
`244
`
`245
`
`246
`
`May. 06, 2020
`
`247
`
`May. 06, 2020
`
`May. 06, 2020
`
`May. 06, 2020
`
`May. 06, 2020
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`May. 06, 2020
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`May. 06, 2020
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`May. 06, 2020
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`May. 06, 2020
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`May. 06, 2020
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`May. 06, 2020
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`May. 06, 2020
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`May. 06, 2020
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`248
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`249
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`250
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`251
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`252
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`253
`
`254
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`255
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`256
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`257
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`258
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`259
`
`Unopposed MOTION to Withdraw as Attorney Rodney Miller by MV3 Partners LLC. (Attachments: # 1
`Proposed Order)(Tindel, Andy) (Entered: 05/06/2020)
`
`Unopposed MOTION to Withdraw as Attorney Daniel C. Miller by MV3 Partners LLC. (Attachments: # 1
`Proposed Order)(Tindel, Andy) (Entered: 05/06/2020)
`
`Transcript filed of Proceedings held on April 28, 2020, Proceedings Transcribed: Telephonic Motion
`Hearing. Court Reporter/Transcriber: Lily I. Reznik, Telephone number: 512-391-8792 or
`Lily_Reznik@txwd.uscourts.gov. Parties are notified of their duty to review the transcript to ensure
`compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or
`viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must
`be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without
`redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically
`noticed Redaction Request due 5/27/2020, Redacted Transcript Deadline set for 6/8/2020, Release of
`Transcript Restriction set for 8/4/2020, (lr) (Entered: 05/06/2020)
`
`Transcript filed of Proceedings held on May 1, 2020, Proceedings Transcribed: Telephonic Motion
`Hearing. Court Reporter/Transcriber: Lily I. Reznik, Telephone number: 512-391-8792 or
`Lily_Reznik@txwd.uscourts.gov. Parties are notified of their duty to review the transcript to ensure
`compliance with the FRCP 5.2(a)/FRCrP 49.1(a). A copy may be purchased from the court reporter or
`viewed at the clerk's office public terminal. If redaction is necessary, a Notice of Redaction Request must
`be filed within 21 days. If no such Notice is filed, the transcript will be made available via PACER without
`redaction after 90 calendar days. The clerk will mail a copy of this notice to parties not electronically
`noticed Redaction Request due 5/27/2020, Redacted Transcript Deadline set for 6/8/2020, Release of
`Transcript Restriction set for 8/4/2020, (lr) (Entered: 05/06/2020)
`
`Unopposed Motion for leave to File Sealed Document (Attachments: # 1 Proposed Order re: File Sealed
`Documents, # 2 Sealed Document Reply in Support of Roku MIL No. 1) (Mandrusiak, Lisa) (Entered:
`05/06/2020)
`
`Unopposed Motion for leave to File Sealed Document (Attachments: # 1 Proposed Order re: File Sealed
`Documents, # 2 Sealed Document Reply in Support of Roku MIL No. 3) (Mandrusiak, Lisa) (Entered:
`05/06/2020)
`
`Unopposed Motion for leave to File Sealed Document (Attachments: # 1 Proposed Order re: File Sealed
`Documents, # 2 Sealed Document Reply in Support of Roku MIL No. 5) (Mandrusiak, Lisa) (Entered:
`05/06/2020)
`
`Unopposed Motion for leave to File Sealed Document (Attachments: # 1 Proposed Order re: File Sealed
`Documents, # 2 Sealed Document Reply in Support of Roku MIL No. 7) (Mandrusiak, Lisa) (Entered:
`05/06/2020)
`
`REPLY to Response to Motion, filed by Roku, Inc., re 209 Sealed Motion filed filed by Defendant Roku,
`Inc. Reply in Support of Roku MIL No. 2 (Mandrusiak, Lisa) (Entered: 05/06/2020)
`
`REPLY to Response to Motion, filed by Roku, Inc., re 197 MOTION in Limine 4 filed by Defendant Roku,
`Inc. Reply in Support of Roku MIL No. 4 (Mandrusiak, Lisa) (Entered: 05/06/2020)
`
`REPLY to Response to Motion, filed by Roku, Inc., re 212 Sealed Motion filed filed by Defendant Roku, Inc.
`Reply in Support of Roku MIL No. 6 (Mandrusiak, Lisa) (Entered: 05/06/2020)
`
`REPLY to Response to Motion, filed by MV3 Partners LLC, re 201 MOTION in Limine No. 1 filed by Plaintiff
`MV3 Partners LLC (Tindel, Andy) (Entered: 05/06/2020)
`
`Pretrial Disclosures -Joint Proposed Jury Questionnaire by Roku, Inc.. (Mandrusiak, Lisa) (Entered:
`05/06/2020)
`
`Unopposed Motion for leave to File Sealed Document (Attachments: # 1 Sealed Document MV3's Reply
`In Support of MV3 MIL No. 2, # 2 Sealed Document Waldrop Decl. In Support of MV3's Reply In Support
`of MV3 MIL No. 2, # 3 Sealed Document Exhibit 1, # 4 Sealed Document Exhibit 2, # 5 Sealed Document
`Exhibit 3, # 6 Proposed Order Granting Motion for Leave to File Sealed Documents) (Tindel, Andy)
`(Entered: 05/06/2020)
`
`Unopposed MOTION for Leave to Exceed Page Limitation for MV3's Reply In Support of Motion In Limine
`No. 3 by MV3 Partners LLC. (Attachments: # 1 Proposed Order Granting Motion for Leave to Exceed Page
`Limits (MV3's Reply ISO MV3 MIL No. 3))(Tindel, Andy) (Entered: 05/06/2020)
`
`Unopposed Motion for leave to File Sealed Document (Attachments: # 1 Sealed Document MV3's Reply
`In Support of MV3 MIL No. 3, # 2 Sealed Document Waldrop Decl. In Support of MV3's Reply In Support
`of MV3 MIL No. 3, # 3 Sealed Document Exhibit D, # 4 Sealed Document Exhibit E, # 5 Proposed Order
`Granting Motion for Leave to File Sealed Documents) (Tindel, Andy) (Entered: 05/06/2020)
`
`https://search.docketnavigator.com/patent/case/192596/3?print=true
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`Page 5 of 26
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`IPR2020-00686
`Apple EX1036 Page 5
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`MV3 Partners LLC v. Roku, Inc. WDTX-6-18-cv-00308
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`7/20/20, 6:07 PM
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`May. 06, 2020
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`May. 06, 2020
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`May. 06, 2020
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`May. 01, 2020
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`Apr. 30, 2020
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`Apr. 30, 2020
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`Apr. 30, 2020
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`Apr. 30, 2020
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`Apr. 30, 2020
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`260
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`261
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`262
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`Unopposed MOTION for Leave to Exceed Page Limitation for MV3's Reply In Support of Motion In Limine
`No. 4 by MV3 Partners LLC. (Attachments: # 1 Proposed Order Granting Leave to Exceed Page Limits
`(MV3's Reply ISO MV3 MIL No. 4))(Tindel, Andy) (Entered: 05/06/2020)
`
`Unopposed Motion for leave to File Sealed Document (Attachments: # 1 Sealed Document MV3's Reply
`In Support of MV3 MIL No. 4, # 2 Sealed Document Waldrop Decl. In Support of MV3's Reply In Support
`of MV3 MIL No. 4, # 3 Sealed Document Exhibit D, # 4 Proposed Order Granting Leave to File Sealed
`Documents) (Tindel, Andy) (Entered: 05/06/2020)
`
`Pretrial Disclosures -Joint Proposed Jury Instructions by Roku, Inc.. (Mandrusiak, Lisa) (Entered:
`05/06/2020)
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`242 Minute Entry for proceedings held before Judge Alan D Albright: Case called for Telephonic Motion
`Hearing. Court stated that Motion for Summary Judgment on April 28th which the Court feels it was late
`and there was no Request for Leave to file. Defendant's counsel explained why there was no request for
`leave to file. The counsel also spoke as to why they were not able to file until the 28th. After hearing
`allegations and argument from both sides, the Court determined that he will carry the MSJ Motion over
`to trial. The Court will allow plaintiff 3 weeks to file a response. The Court would like a reply from
`defendant 1 week after that if there was a plaintiff response that there was an allegation that information
`that was not disclosed or new information. The Court told parties his plans for the jury trial - 8 jurors. 48
`in jury panel; each side will have 4 strikes; Seating will be 4 per bench in the gallery. (Minute entry
`documents are not available electronically.) (Court Reporter Lily Reznik.)(am) (Entered: 05/01/2020)
`
`Text Order GRANTING 231 Motion for Leave to File Sealed Document entered by Judge Alan D Albright.
`Before the Court is MV3's Unopposed Motion for Leave to File Sealed Documents. The Court GRANTS
`the motion. The Clerk's Office is directed to file MV3's Opposition to Roku's MIL #7 and associated
`exhibits under seal. (This is a text-only entry generated by the court. There is no document associated
`with this entry.) (jy) (Entered: 04/30/2020)
`
`Text Order GRANTING 229 Motion for Extension of Time to File entered by Judge Alan D Albright.
`Before the Court is the parties' Joint Motion for Extension of Time to file the Pretrial Order and
`associated submissions. The Court GRANTS the motion. It is therefore ORDERED that the parties shall
`have up to and including April 30, 2020 in which to file the Pretrial Order and associated submissions.
`(This is a text-only entry generated by the court. There is no document associated with this entry.) (jy)
`(Entered: 04/30/2020)
`
`Sealed Document filed : Roku Opposition to 214 MV3 MIL #2 (Attachments: # 1 Proposed Order, # 2
`Exhibit 1 - Weinstein Excerpt) (lad) (Entered: 04/30/2020)
`
`Sealed Document filed : Roku's Opposition to 216 MV3's Motion in Limine 4 (Attachments: # 1 Proposed
`Order, # 2 Exhibit 1 - Roku Supp Rog Response, # 3 Exhibit 2 - Russ Rebuttal excerpts, # 4 Exhibit 3 -
`Schonfeld Opening Report Excerpt) (lad) (Entered: 04/30/2020)
`
`Sealed Document filed : MV3's Opposition to 208 Roku's Motion In Limine No. 1 (Attachments: # 1
`Waldrop Declaration, # 2 Exhibit A, # 3 Proposed Order) (lad) (Entered: 04/30/2020)
`
`Sealed Document filed: MV3's Opposition to 209 Roku's Motion In Limine No. 2 (Attachments: # 1
`Waldrop Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Proposed Order) (lad) (Entered:
`04/30/2020)
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`Sealed Document filed: MV3's Opposition to 211 Roku's Motion In Limine No. 5 (Attachments: # 1 Waldrop
`Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Proposed Order) (lad) (Entered:
`04/30/2020)
`
`Sealed Document filed: MV3's Opposition to 212 Roku's Motion In Limine No. 6 (Attachments: # 1
`Waldrop Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F,
`# 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15
`Proposed Order) (lad) (Entered: 04/30/2020)
`
`Sealed Document filed : MV3's Opposition to 213 Roku's Motion In Limine No. 7 (Attachments: # 1
`Waldrop Declaration, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F,
`# 8 Exhibit G, # 9 Proposed Order) (lad) (Entered: 04/30/2020)
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`233
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`234
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`235
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`236
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`237
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`238
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`239
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`240 ORDER SETTING TELEPHONIC MOTION HEARING for 5/1/2020 10:00 AM before Judge Alan D Albright.
`Signed by Judge Alan D Albright. (lad) (Entered: 04/30/2020)
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`https://search.docketnavigator.com/patent/case/192596/3?print=true
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`Page 6 of 26
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`IPR2020-00686
`Apple EX1036 Page 6
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`MV3 Partners LLC v. Roku, Inc. WDTX-6-18-cv-00308
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`7/20/20, 6:07 PM
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`Apr. 30, 2020
`
`241
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`224 Memorandum in Opposition to Motion, filed by Roku, Inc., re 215 Sealed Motion filed filed by Plaintiff
`MV3 Partners LLC Motion in Limine No. 3 (Attachments: # 1 Proposed Order)(Mandrusiak, Lisa) (Entered:
`04/29/2020)
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`Apr. 29, 2020
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`Apr. 29, 2020
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`Apr. 29, 2020
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`Apr. 29, 2020
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`Apr. 29, 2020
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`Apr. 29, 2020
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`Apr. 29, 2020
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`Apr. 29, 2020
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`Apr. 29, 2020
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`Apr. 29, 2020
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`221
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`222
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`225
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`226
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`227
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`228
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`229
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`230
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`Proposed Pretrial Order by Roku, Inc. and by MV3 Partners LLC. (Attachments: # 1 Exhibit 1 - Stipulation
`re Representative Products, # 2 Exhibit 2 - MV3's Witness List, # 3 Exhibit 3 - MV3's Objections to Roku's
`Witness List, # 4 Exhibit 4 - Roku's Witness List, # 5 Exhibit 5 - MV3's Trial Exhibit Lists with Roku's
`Objections, # 6 Exhibit 6 - Roku's Exhibit Lists with MV3's Objections, # 7 Exhibit 7 - MV3's Depo
`Designations, Roku's Counter- Designations, etc., # 8 Exhibit 8 - Roku's Designations of MV3 Witnesses
`with Objections, etc., # 9 Exhibit 9 - MV3 and Roku's Proposed Jury Instructions and Objections)(Tindel,
`Andy) (Entered: 04/30/2020)
`
`Unopposed Motion for leave to File Sealed Document (Attachments: # 1 Proposed Order re: File Sealed
`Documents, # 2 Sealed Document Roku Opposition to MV3 MIL 2, # 3 Proposed Order re: Deny MIL, # 4
`Sealed Document Ex. 1 - Weinstein Excerpt) (Mandrusiak, Lisa) (Entered: 04/29/2020)
`
`Response in Opposition to Motion, filed by MV3 Partners LLC, re 210 Sealed Motion filed filed by
`Defendant Roku, Inc. MV3's Opposition to Roku's Motion In Limine No. 3 (Attachments: # 1 Proposed
`Order Denying Roku's Motion In Limine No. 3)(Tindel, Andy) (En