914
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`*
`May 20, 2021
`CLOUDOFCHANGE, LLC
`*
`* CIVIL ACTION NO. W-19-CV-513
`VS.
`*
`*
`NCR CORPORATION
`BEFORE THE HONORABLE ALAN D ALBRIGHT
`JURY TRIAL PROCEEDINGS
`Volume 4 of 4
`
`APPEARANCES:
`For the Plaintiff:
`
`John H. Barr, Jr., Esq.
`John Allen Yates, Esq.
`Barden Todd Patterson, Esq.
`Edgar Neil Gonzalez, Esq.
`Kyrie Kimber Cameron, Esq.
`Patterson & Sheridan, LLP
`24 Greenway Plaza, Suite 1600
`Houston, TX 77046
`Abelino Reyna, Esq.
`Patterson & Sheridan, LLP
`900 Washington Ave, Suite 503
`Waco, TX 76701
`Charles E. Phipps, Esq.
`Locke Lord LLP
`2200 Ross Avenue, Suite 2800
`Dallas, TX 75201
`Charles S. Baker, Esq.
`Scarlett Collings, Esq.
`Locke Lord LLP
`600 Travis St., Suite 2800
`Houston, TX 77002
`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.
`
`For the Defendant:
`
`Court Reporter:
`
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`KRISTIE M. DAVIS, OFFICIAL COURT REPORTER
`U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (WACO)
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`*
`May 20, 2021
`CLOUDOFCHANGE, LLC
`*
`* CIVIL ACTION NO. W-19-CV-513
`VS.
`*
`*
`NCR CORPORATION
`BEFORE THE HONORABLE ALAN D ALBRIGHT
`JURY TRIAL PROCEEDINGS
`Volume 4 of 4
`
`APPEARANCES:
`For the Plaintiff:
`
`John H. Barr, Jr., Esq.
`John Allen Yates, Esq.
`Barden Todd Patterson, Esq.
`Edgar Neil Gonzalez, Esq.
`Kyrie Kimber Cameron, Esq.
`Patterson & Sheridan, LLP
`24 Greenway Plaza, Suite 1600
`Houston, TX 77046
`Abelino Reyna, Esq.
`Patterson & Sheridan, LLP
`900 Washington Ave, Suite 503
`Waco, TX 76701
`Charles E. Phipps, Esq.
`Locke Lord LLP
`2200 Ross Avenue, Suite 2800
`Dallas, TX 75201
`Charles S. Baker, Esq.
`Scarlett Collings, Esq.
`Locke Lord LLP
`600 Travis St., Suite 2800
`Houston, TX 77002
`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.
`
`For the Defendant:
`
`Court Reporter:
`
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`KRISTIE M. DAVIS, OFFICIAL COURT REPORTER
`U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (WACO)
`
`
`
`915
`
`(May 20, 2021 9:55 a.m.)
`THE COURT: We told them if they weren't done by 10:00 to
`let us know and we'd bring them lunch. That's all it says, is
`we want lunch.
`No news other than we had told them when we got here if
`they wanted -- if they weren't going to be done by lunch to let
`us know by 10:00 so we could bring them lunch. And they've
`asked. It says, "We will need lunch menus." That's all it
`says.
`So they're deliberating. I've not gotten any substantive
`notes. So...
`(Recess taken from 9:56 to 10:02.)
`THE COURT: Jury Note No. 4 reads, "May we have a
`calculator for use?"
`The answer to that is yes.
`Do we have a calculator that we can get them?
`(Off-the-record discussion.)
`THE COURT: I don't know if we have one in the courthouse.
`Can you go get it?
`MS. CAMERON: Yes. Yes, Your Honor.
`THE COURT: So for the record, the question is, "May we
`have a calculator for use?"
`My response is, "Yes. We will bring you one."
`(Recess taken from 10:03 to 11:27.)
`THE COURT: They say -- so the note reads, "We crossed
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`KRISTIE M. DAVIS, OFFICIAL COURT REPORTER
`U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (WACO)
`
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`DTX-51 and DTX-52 that we don't recognize in the evidence list.
`Are we allowed to view it? Don't recall it being shown in
`courtroom."
`Given that it was -- they both were admitted, I think --
`what I'm going to say is "both DTX-51 and DTX-52 were admitted
`into evidence."
`MR. PHIPPS: Yes, sir.
`THE COURT: Anyone have an objection to that?
`MR. YATES: No, Your Honor.
`MR. PHIPPS: No.
`(Recess taken from 11:27 to 2:46.)
`THE BAILIFF: All rise.
`THE COURT: Please remain standing for the jury.
`(The jury entered the courtroom at 2:46.)
`THE COURT: Thank you. You may be seated.
`Mr. Wright, it's my understanding that you all have a
`verdict.
`JURY FOREMAN: Yes, sir.
`THE COURT: I probably shouldn't say this on the record,
`but you are the first person I've ever seen who has worse
`handwriting than I do.
`(Laughter.)
`THE COURT: But we were able -- took about seven of us,
`but we finally were able to figure out what the signature was
`on here. I'm kidding.
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`KRISTIE M. DAVIS, OFFICIAL COURT REPORTER
`U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (WACO)
`
`
`
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`(Laughter.)
`THE COURT: If you'd hand the verdict to my -- thank you
`very much.
`
`VERDICT
`THE COURT: Question No. 1 and 2 question, Question No. 1
`with regard to whether or not the plaintiff has proven by
`preponderance of the evidence NCR has infringed the following
`claims of the '640 patent, the following answers were given
`with respect to Claim 1, yes; Claim 3, yes; Claim 4, yes; Claim
`5, yes; Claim 6, yes; Claim 11, yes; Claim 12, yes; Claim 13,
`yes.
`With regard to Question 2, has CloudofChange proved by a
`preponderance of the evidence that NCR had infringed the '012
`patent with respect to Claim 1? The answer is yes; claim 2,
`yes; claim 3, yes; Claim 4, yes.
`With respect to Question No. 3, did the defendant prove
`invalidity of the '640 patent? With respect to Claim 1, no;
`Claim 1, no; Claim 4, no; claim 5, no; Claim 6, no; Claim 11,
`no; Claim 12, no; Claim 13, no.
`With respect to Question No. 4, did the defendant prove
`the '012 patent to be invalid with respect to Claim 1, no;
`Claim 2, no; Claim 3, no; Claim 4, no; Claim 9, no.
`With respect to Question No. 5, what is the amount of
`damages you find that plaintiff has proven from a preponderance
`of the evidence for the infringement of the two patents? The
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`KRISTIE M. DAVIS, OFFICIAL COURT REPORTER
`U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (WACO)
`
`
`
`918
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`amount is $13,200,000.
`With respect to Question 6, the answer is that this is a
`lump sum.
`With regard to Question No. 7, was the infringement
`willful with regard to the '640 patent? The answer is yes.
`With regard to the '012 patent, the answer is yes.
`On the final page I have what I believe to be the
`signature -- if I can read it -- of Mr. Wright.
`What I'd like to happen now is for everyone who's seated
`on the jury to stand, if you are in agreement with the verdict
`as I just read it, please stand.
`Let the record reflect that the verdict was unanimous.
`You may be seated.
`Ladies and gentlemen of the jury, I always get choked up
`at this point. I think we have the greatest system of justice
`in the world. And the reason we have the greatest system of
`justice in the world is not because I'm sitting here, but it's
`because the seven of you are sitting where you're seated.
`It means in our country that if there's a dispute between
`two different people or two different companies or whatever it
`is, they can come into a court of law, they can put on their
`case -- each can put on their case and have citizens of equal
`demeanor resolve it. And that makes our country the greatest
`country on the planet, period.
`I'm going to ask you all -- this is entirely voluntarily.
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`KRISTIE M. DAVIS, OFFICIAL COURT REPORTER
`U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (WACO)
`
`
`
`919
`
`I would like, if you would be willing, when you go back to the
`jury room, to stay for a couple minutes. I'd like to come back
`and thank you personally for your service. You don't have to
`stay if you've got somewhere to be, but I'd like to come back
`and just say thank you, if you are willing to stay.
`What to do from now? This is America. If you want to
`talk about your verdict, it's America. You get to talk about
`it. If you don't want to talk about it, you don't have to talk
`about it.
`There are two groups of people, though, who don't get to
`call you and talk to you about it or anyone who works for them,
`and that's the folks seated at the table closest to you and the
`folks seated at the table the furthest away. They have to get
`permission from me to either directly or through their agents
`contact you. And I can assure you in advance that will not
`happen.
`So one more thing. Your service, your jury service, is
`concluded. It's not a lifetime pass, but, you know, I think
`you all serve on six-month rotation is my understanding. You
`will not be contacted again for jury service during the
`six-month period.
`If you are, and I guess it could happen by error, just let
`whoever know that contacted you that I've given you -- I was
`going to say a get out of jail free card. That doesn't sound
`right. You do have a hall pass for this time because I think
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`KRISTIE M. DAVIS, OFFICIAL COURT REPORTER
`U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (WACO)
`
`
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`you have done your duty and served for a full week as a jury.
`And I think that's all we should be asking you to do.
`Again, you're about to be dismissed, but if you're willing
`to stay, I'd love to come back and thank you. If you'd rather
`not be bothered, you're welcome to go ahead and leave. I'm not
`going to keep you long if you do stay. I just want to say
`thanks. So at this time the jury may be dismissed.
`THE BAILIFF: All rise.
`(Jury exited the courtroom at 2:52.)
`THE COURT: Two administerial things real quick. One is,
`we weren't able just back when we had it to read Jury Note NO.
`4 which is simply where they asked for a calculator. So at
`this time I'm going to put in the record that Jury Note No. 4,
`which was received around 10:00 this morning, said, may we have
`a calculator for use?
`And Jury Note No. 6 reads, we have reached a verdict. And
`that was a given to us at 2:34.
`I can tell you all -- I will tell you all I have sat in
`both of your seats. I've sat at both tables a lot. I've been
`on the side that's successful. I've been on the side that was
`unsuccessful. And that's what happens if you go to trial.
`But I want to thank all of you for your hard work. I
`thought you each did -- all of you collectively did a great job
`putting on witnesses. Your examinations I thought were top
`rate. Everything you did I thought was very good which in the
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`KRISTIE M. DAVIS, OFFICIAL COURT REPORTER
`U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (WACO)
`
`
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`921
`
`end the jury's going to pick the side that they picked. But I
`wanted everyone to know that I appreciate your hard work this
`week.
`And before we go, Mr. Barr, is there anything else we need
`to take up?
`MR. BARR: No, Your Honor.
`THE COURT: Mr. Phipps?
`MR. PHIPPS: No, Your Honor.
`THE COURT: Okay. Thank you again for your hard work this
`week.
`THE BAILIFF: All rise.
`(Hearing adjourned at 2:54 p.m.)
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`KRISTIE M. DAVIS, OFFICIAL COURT REPORTER
`U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (WACO)
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`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 8th day of June 2021.
`
`
`
`
`
`
`
`/s/ Kristie M. Davis
`KRISTIE M. DAVIS
`Official Court Reporter
`800 Franklin Avenue
`Waco, Texas 76701
`(254) 340-6114
`kmdaviscsr@yahoo.com
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`KRISTIE M. DAVIS, OFFICIAL COURT REPORTER
`U.S. DISTRICT COURT, WESTERN DISTRICT OF TEXAS (WACO)
`
`
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