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1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`TRIOPTIMA AB,
`PLAINTIFF,
`
`VS.
`QUANTILE TECHNOLOGIES
`LIMITED,
`
`DEFENDANT.
`
`
`CIVIL ACTION NO.
`2:19-CV-390-JRG
`MARSHALL, TEXAS
`
`)(
`)(
`)(
`)(
`)(
`SEPTEMBER 4, 2020
`)(
`11:07 A.M.
`)(
`MOTIONS HEARING
`BEFORE THE HONORABLE JUDGE RODNEY GILSTRAP
`UNITED STATES CHIEF DISTRICT JUDGE
`
`FOR THE PLAINTIFF: (See Attorney Attendance Sheet docketed
`in minutes of this hearing.)
`
`FOR THE DEFENDANT: (See Attorney Attendance Sheet docketed
`in minutes of this hearing.)
`
`COURT REPORTER:
`
`Shelly Holmes, CSR, TCRR
`Official Court Reporter
`United States District Court
`Eastern District of Texas
`Marshall Division
`100 E. Houston
`Marshall, Texas 75670
`(903) 923-7464
`
`(Proceedings recorded by mechanical stenography, transcript
`produced on a CAT system.)
`
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`
`SAMSUNG, EXH. 1039, P. 1
`
`

`

`2
`
`I N D E X
`
`September 4, 2020
`
`Appearances
`Hearing
`Court Reporter's Certificate
`
`Page
`
`1
`3
`27
`
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`
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`SAMSUNG, EXH. 1039, P. 2
`
`

`

`24
`
`on it.
`
`This -- this issue has been left long enough. We
`need to get to the answer on this. But I -- I am persuaded
`that targeted jurisdictional discovery in the form I've
`indicated would be proper and appropriate here and might
`shed some light on what both sides admit is a rather
`complicated business.
`All right. I want to next take up the Defendant's
`motion to limit the number of asserted claims.
`I understand you met and conferred on this but
`were not able to resolve it. I know from the briefing that
`the Plaintiff is at this point asserting over 100 claims.
`I know what the schedule of the case is and where we are
`with regard to when claim construction will be upcoming.
`What I'm going to do here -- I really don't need
`to hear argument on this. I'm going to order the claims
`reduced pursuant to the model order. And the initial date
`in the model order is triggered by a date that's already
`passed in this case, so I'm going to modify that. But I'm
`going to enter the model order, and I'm going to require
`the claims to be narrowed.
`There is absolutely no way that the Plaintiff can
`go to trial on a hundred claims or more than a hundred
`claims, and that requires a substantial expenditure of
`resources by the Defendant that is going to be wasted
`
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`
`11:40:38
`
`11:40:38
`
`11:40:43
`
`11:40:47
`
`11:40:51
`
`11:40:55
`
`11:41:03
`
`11:41:04
`
`11:41:06
`
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`
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`
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`
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`
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`
`11:42:11
`
`SAMSUNG, EXH. 1039, P. 3
`
`

`

`25
`
`effectively, and this case is old enough and it's advanced
`enough to where we should not be left with in excess of a
`hundred live claims still in the case.
`So I'm going to enter the model order, and you all
`are going to narrow the claims.
`You didn't do it before the motion was filed. You
`didn't do it mediating -- or meeting and conferring, I
`should say, with each other for most of the morning today.
`I'm not persuaded you're going to be able to do it. I
`would have preferred you do it. I'm now convinced you
`can't or won't do it, and so I'm going to do it for you by
`way of the model order. And you should look for a slightly
`modified version of that to be entered by the Court
`hereafter.
`You've withdrawn the motion to compel. Those
`appear to be the three matters that are -- were set for
`hearing today.
`Is either side aware of anything that was properly
`set that the Court's not heard from you on or otherwise
`taken up?
`Are you aware of anything else, Mr. Ray?
`MR. RAY: No, I'm not, Your Honor.
`THE COURT: Ms. Auth, are you aware of anything
`
`else?
`
`MS. AUTH: No, Your Honor.
`
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`11:42:54
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`11:42:58
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`11:43:01
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`11:43:05
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`11:43:06
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`11:43:12
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`11:43:15
`
`11:43:16
`
`11:43:18
`
`11:43:18
`
`SAMSUNG, EXH. 1039, P. 4
`
`

`

`26
`
`THE COURT: All right. That will complete the
`hearing today. Thank you, counsel, for your presence.
`The Court stands in recess.
`COURT SECURITY OFFICER: All rise.
`(Hearing concluded.)
`
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`11:43:19
`
`11:43:20
`
`11:43:23
`
`11:43:24
`
`11:43:26
`
`SAMSUNG, EXH. 1039, P. 5
`
`

`

`27
`
`CERTIFICATION
`
`I HEREBY CERTIFY that the foregoing is a true and
`correct transcript from the stenographic notes of the
`proceedings in the above-entitled matter to the best of my
`ability.
`
` /S/ Shelly Holmes
`SHELLY HOLMES, CSR, TCRR
`OFFICIAL REPORTER
`State of Texas No.: 7804
`Expiration Date: 12/31/2020
`
`9/17/2020
`Date
`
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`
`11:44:31
`
`SAMSUNG, EXH. 1039, P. 6
`
`

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