UNCERTIFIED DAILY TRANSCRIPT
`
`1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`*
`CAROLYN W. HAFEMAN
`April 24, 2023
`*
`
`*
`VS.
` * CIVIL ACTION NO. 6:21-CV-696
`LG ELECTRONICS, INC.
`*
`
`BEFORE THE HONORABLE ALAN D ALBRIGHT
`TRIAL PROCEEDINGS
`Volume 1 of ^
`
`APPEARANCES:
`For the Plaintiff:
`
`
`
`For the Defendant:
`
`Max L. Tribble, Jr., Esq.
`Susman Godfrey L.L.P.
`1000 Louisiana, Suite 5100
`Houston, TX 77002-5096
`Genevieve Vose Wallace, Esq.
`Susman Godfrey LLP
`1201 Third Avenue, Suite 3800
`Seattle, WA 98101
`Daniel D. Duhaime, Esq.
`Susman Godfrey LLP
`1301 Avenue Of The Americas,
` Floor 32
`New York, NY 10019
`Lawrence M. Hadley, Esq.
`Jason C. Linger, Esq.
`Glaser Weil Fink Howard Avchen &
` Shapiro LLP
`10250 Constellation Blvd., FL 19
`Los Angeles, CA 90067
`Mark Siegmund, Esq.
`Cherry Johnson Siegmund James, PLLC
`The Roosevelt Tower
`400 Austin Avenue, 9th Floor
`Waco, Texas 76701
`Celine Jimenez Crowson, Esq.
`Reedy Swanson, Esq.
`Hogan Lovells US LLP
`555 Thirteenth St, NW
`Washington, DC 20004
`
`KRISTIE M. DAVIS, OFFICIAL COURT REPORTER
`U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (WACO)
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`10:57
`
`HAFEMAN EXHIBIT 2041
`
`
`
`1
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`*
`CAROLYN W. HAFEMAN
`April 24, 2023
`*
`
`*
`VS.
` * CIVIL ACTION NO. 6:21-CV-696
`LG ELECTRONICS, INC.
`*
`
`BEFORE THE HONORABLE ALAN D ALBRIGHT
`TRIAL PROCEEDINGS
`Volume 1 of ^
`
`APPEARANCES:
`For the Plaintiff:
`
`
`
`For the Defendant:
`
`Max L. Tribble, Jr., Esq.
`Susman Godfrey L.L.P.
`1000 Louisiana, Suite 5100
`Houston, TX 77002-5096
`Genevieve Vose Wallace, Esq.
`Susman Godfrey LLP
`1201 Third Avenue, Suite 3800
`Seattle, WA 98101
`Daniel D. Duhaime, Esq.
`Susman Godfrey LLP
`1301 Avenue Of The Americas,
` Floor 32
`New York, NY 10019
`Lawrence M. Hadley, Esq.
`Jason C. Linger, Esq.
`Glaser Weil Fink Howard Avchen &
` Shapiro LLP
`10250 Constellation Blvd., FL 19
`Los Angeles, CA 90067
`Mark Siegmund, Esq.
`Cherry Johnson Siegmund James, PLLC
`The Roosevelt Tower
`400 Austin Avenue, 9th Floor
`Waco, Texas 76701
`Celine Jimenez Crowson, Esq.
`Reedy Swanson, Esq.
`Hogan Lovells US LLP
`555 Thirteenth St, NW
`Washington, DC 20004
`
`KRISTIE M. DAVIS, OFFICIAL COURT REPORTER
`U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (WACO)
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`10:57
`
`HAFEMAN EXHIBIT 2041
`
`
`
`UNCERTIFIED DAILY TRANSCRIPT
`
`2
`
`Gurtej Singh, Esq.
`Hogan Lovells US LLP
`4085 Campbell Avenue, Suite 100
`Menlo Park, CA 94025
`Helen Y. Trac, Esq.
`Yi "Sally" Zhang, Esq.
`Hogan Lovells US LLP
`Four Embarcadero Center, Suite 3500
`San Francisco, CA 94111
`Kirstin L. Stoll-Debell, Esq.
`Faegre Drinker Biddle & Reath LLP
`1144 15th Street, Suite 3400
`Denver, CO 80202
`Carrie A. Beyer, Esq.
`Faegre Drinker Biddle & Reath LLP
`320 South Canal Street
`Chicago, IL 60606-5707
`Lora A. Brzezynski, Esq.
`Brianna L. Silverstein, Esq.
`Faegre Drinker Biddle & Reath LLP
`1500 K Street Nw, Suite 1100
`Washington, DC 20005
`Michael E. Jones, Esq.
`Shaun William Hassett, Esq.
`Potter Minton PC
`110 N College, Suite 500
`Tyler, TX 75702
`James Travis Underwood, Esq.
`Melissa Richards Smith, Esq.
`Gillam and Smith, LLP
`303 South Washington Avenue
`Marshall, TX 75670
`Kristie M. Davis, CRR, RMR
`PO Box 20994
`Waco, Texas 76702-0994
`(254) 340-6114
`Proceedings recorded by mechanical stenography,
`transcript produced by computer-aided transcription.
`
`Court Reporter:
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`KRISTIE M. DAVIS, OFFICIAL COURT REPORTER
`U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (WACO)
`
`10:59
`
`10:59
`
`HAFEMAN EXHIBIT 2041
`
`
`
`UNCERTIFIED DAILY TRANSCRIPT
`
`11
`
`And we understand that that means he can use the
`calculation and that our objection -- that it's based
`on something other than a profit margin assigned to the
`accused products is overruled.
`Could we ask for a continuing
`objection on that --
`THE COURT: Yes, of course.
`MR. JONES: -- without having to keep
`making it over and over again since it'll go on?
`THE COURT: Absolutely.
`MR. JONES: And the only other thing,
`Your Honor, I keep getting asked by my side is we made
`some objections to the claim construction, and I've
`told them we can assume that's overruled --
`THE COURT: Those are overruled. But you
`know what I had happen in the last trial and has
`happened in others is, if either of you -- I'm picking
`on you because you're up here.
`MR. JONES: Certainly.
`THE COURT: But if either side believes
`that what the expert, whether it's invalidity or
`infringement or noninfringement, is saying is something
`that is outside of what is -- what is correct under
`the -- under the Markman order, that -- or if there's
`even a debate about it, that can be raised throughout
`
`KRISTIE M. DAVIS, OFFICIAL COURT REPORTER
`U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (WACO)
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`01:36
`
`01:36
`
`01:36
`
`01:36
`
`01:36
`
`01:36
`
`01:36
`
`01:37
`
`01:37
`
`01:37
`
`01:37
`
`01:37
`
`01:37
`
`01:37
`
`01:37
`
`01:37
`
`01:37
`
`01:37
`
`01:37
`
`01:37
`
`01:37
`
`01:37
`
`01:37
`
`01:37
`
`01:37
`
`HAFEMAN EXHIBIT 2041
`
`
`
`UNCERTIFIED DAILY TRANSCRIPT
`
`12
`
`the trial.
`
`And in the last trial I had, we wound up
`doing -- and I've done that before -- a mini Markman
`to, you know, the -- surface level, the defendant was
`arguing that the constructions that had been rejected
`at the Markman when I said plain and ordinary meaning
`could still be -- that could be the plain and ordinary
`meaning. And so we had to take that up during the
`trial.
`
`So you all -- I'm not taking away your
`rights to object. If you hear -- or anyone's rights.
`If one of you hears the experts making a statement,
`there's infringement because of -- the claim
`construction says -- the Court says this and the other
`side thinks that's wrong, raise it and I'll be happy to
`take it up.
`
`MR. JONES: Thank you, Your Honor.
`THE COURT: But to the extent you had
`objections to my formal constructions, those are
`overruled.
`
`MR. JONES: Thank you for the ruling.
`Thank you for the guidance. Thank you, Your Honor.
`THE COURT: Anything else?
`MR. UNDERWOOD: Yes, Your Honor. Travis
`Underwood on behalf of LG.
`
`KRISTIE M. DAVIS, OFFICIAL COURT REPORTER
`U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (WACO)
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`01:37
`
`01:37
`
`01:37
`
`01:37
`
`01:38
`
`01:38
`
`01:38
`
`01:38
`
`01:38
`
`01:38
`
`01:38
`
`01:38
`
`01:38
`
`01:38
`
`01:38
`
`01:38
`
`01:38
`
`01:38
`
`01:38
`
`01:38
`
`01:38
`
`01:38
`
`01:38
`
`01:38
`
`01:38
`
`HAFEMAN EXHIBIT 2041
`
`
`
`UNCERTIFIED DAILY TRANSCRIPT
`
`1158
`
`UNITED STATES DISTRICT COURT )
`WESTERN DISTRICT OF TEXAS
`)
`
`I, Kristie M. Davis, Official Court
`Reporter for the United States District Court, Western
`District of Texas, do certify that the foregoing is a
`correct transcript from the record of proceedings in
`the above-entitled matter.
`I certify that the transcript fees and
`format comply with those prescribed by the Court and
`Judicial Conference of the United States.
`Certified to by me this ^ day of ^ 2023.
`
`
`
`
`
`
`/s/ Kristie M. Davis
`KRISTIE M. DAVIS
`Official Court Reporter
`800 Franklin Avenue
`Waco, Texas 76701
`(254) 340-6114
`kmdaviscsr@yahoo.com
`
`KRISTIE M. DAVIS, OFFICIAL COURT REPORTER
`U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (WACO)
`
`1 2 3 4 5 6 7 8 9
`
`10
`11
`12
`13
`14
`15
`16
`17
`18
`19
`20
`21
`22
`23
`24
`25
`
`01:19
`
`HAFEMAN EXHIBIT 2041
`
`
Accessing this document will incur an additional charge of $.
After purchase, you can access this document again without charge.
Accept $ Charge
Still Working On It
This document is taking longer than usual to download. This can happen if we need to contact the court directly to obtain the document and their servers are running slowly.
Give it another minute or two to complete, and then try the refresh button.
A few More Minutes ... Still Working
It can take up to 5 minutes for us to download a document if the court servers are running slowly.
Thank you for your continued patience.
This document could not be displayed.
We could not find this document within its docket. Please go back to the docket page and check the link. If that does not work, go back to the docket and refresh it to pull the newest information.
Your account does not support viewing this document.
You need a Paid Account to view this document. Click here to change your account type.
Your account does not support viewing this document.
Set your membership
status to view this document.
With a Docket Alarm membership, you'll
get a whole lot more, including:
- Up-to-date information for this case.
- Email alerts whenever there is an update.
- Full text search for other cases.
- Get email alerts whenever a new case matches your search.
One Moment Please
The filing “” is large (MB) and is being downloaded.
Please refresh this page in a few minutes to see if the filing has been downloaded. The filing will also be emailed to you when the download completes.
Your document is on its way!
If you do not receive the document in five minutes, contact support at support@docketalarm.com.
Sealed Document
We are unable to display this document, it may be under a court ordered seal.
If you have proper credentials to access the file, you may proceed directly to the court's system using your government issued username and password.
Access Government Site
