Case 2:21-cv-00463-JRG Document 496 Filed 04/28/23 Page 1 of 126 PageID #: 58177
`
`1
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`NETLIST, INC.,
`Plaintiff,
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
` ( CAUSE NO. 2:21-CV-463-JRG
` )
` (
` )
` (
`
`vs.
` )
`SAMSUNG ELECTRONICS CO., LTD., (
` ) MARSHALL, TEXAS
`et al.,
`
` ( APRIL 21, 2023
`Defendants.
` ) 8:00 A.M.
`______________________________________________________________
`
`VOLUME 6
`
`______________________________________________________________
`TRIAL ON THE MERITS
`BEFORE THE HONORABLE RODNEY GILSTRAP
`UNITED STATES CHIEF DISTRICT JUDGE
`and a jury
`______________________________________________________________
`
`SHAWN McROBERTS, RMR, CRR
`100 E. HOUSTON STREET
`MARSHALL, TEXAS 75670
`(903) 923-8546
`shawn_mcroberts@txed.uscourts.gov
`
`Shawn M. McRoberts, RMR, CRR
`Federal Official Court Reporter
`
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`1
`
`
`NETLIST, INC.,
`Plaintiff,
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
` ( CAUSE NO. 2:21-CV-463-JRG
` )
` (
` )
` (
`
`vs.
` )
`SAMSUNG ELECTRONICS CO., LTD., (
` ) MARSHALL, TEXAS
`et al.,
`
` ( APRIL 21, 2023
`Defendants.
` ) 8:00 A.M.
`______________________________________________________________
`
`VOLUME 6
`
`______________________________________________________________
`TRIAL ON THE MERITS
`BEFORE THE HONORABLE RODNEY GILSTRAP
`UNITED STATES CHIEF DISTRICT JUDGE
`and a jury
`______________________________________________________________
`
`SHAWN McROBERTS, RMR, CRR
`100 E. HOUSTON STREET
`MARSHALL, TEXAS 75670
`(903) 923-8546
`shawn_mcroberts@txed.uscourts.gov
`
`Shawn M. McRoberts, RMR, CRR
`Federal Official Court Reporter
`
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`Case 2:21-cv-00463-JRG Document 496 Filed 04/28/23 Page 2 of 126 PageID #: 58178
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`2
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`A P P E A R A N C E S
`FOR THE PLAINTIFF: IRELL & MANELLA, LLP -
` LOS ANGELES
` 1800 AVENUE OF THE STARS
` SUITE 900
` LOS ANGELES, CA 90067-4276
` (310) 203-7096
` BY: MR. JASON SHEASBY
` MS. LISA GLASSER
` MR. BEN MANZIN-MONNIN
` MR. MICHAEL TEZYAN
` IRELL & MANELLA -
` NEWPORT BEACH
` 840 NEWPORT CENTER DRIVE
` SUITE 400
` NEWPORT BEACH, CA 92660
` (949) 760-0991
` BY: MR. STEPHEN PAYNE
` McKOOL SMITH, P.C. - MARSHALL
` 104 E. HOUSTON ST., SUITE 300
` MARSHALL, TEXAS 75670
` (903) 923-9000
` BY: MR. SAM BAXTER
` MS. JENNIFER TRUELOVE
` MR. KEVIN BURGESS
`FOR THE DEFENDANTS: FISH & RICHARDSON, PC -
` WASHINGTON DC
` 1000 MAINE AVE. SW, SUITE 1000
` WASHINGTON, D.C. 20024
` (202) 783-5070
` BY: MR. RUFFIN CORDELL
` MR. MICHAEL McKEON
` MS. LAUREN DEGNAN
` FISH & RICHARDSON, P.C. -
` DALLAS
` 1717 MAIN STREET, SUITE 5000
` DALLAS, TEXAS 75201
` (214) 747-5070
` BY: MR. MATTHEW COLVIN
` MR. THOMAS REGER
`
`Shawn M. McRoberts, RMR, CRR
`Federal Official Court Reporter
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`Case 2:21-cv-00463-JRG Document 496 Filed 04/28/23 Page 3 of 126 PageID #: 58179
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`3
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` GILLAM & SMITH, LLP
` 303 SOUTH WASHINGTON AVENUE
` MARSHALL, TEXAS 75670
` (903) 934-8450
` BY: MS. MELISSA SMITH
`OFFICIAL REPORTER: SHAWN M. McROBERTS, RMR, CRR
` 100 E. HOUSTON STREET
` MARSHALL, TEXAS 75670
` (903) 923-8546
`
`Shawn M. McRoberts, RMR, CRR
`Federal Official Court Reporter
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`Case 2:21-cv-00463-JRG Document 496 Filed 04/28/23 Page 4 of 126 PageID #: 58180
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`THE COURT: Be seated, please.
`Counsel, before the Court proceeds to conduct the formal
`charge conference, I will ask if the parties have items from
`the list of pre-admitted exhibits that were used during
`yesterday's portion of the trial that need to be read into the
`record.
`
`MS. TRUELOVE: Plaintiff does, Your Honor.
`THE COURT: All right. Please proceed.
`MS. TRUELOVE: Thank you, Your Honor.
`Your Honor, Plaintiff Netlist used two exhibits during
`examinations yesterday, PX 1787 and PX 44.
`THE COURT: All right. Is there objection to that
`rendition from the Plaintiff by the Defendants?
`MR. REGER: Good morning, Your Honor.
`THE COURT: Good morning.
`MR. REGER: Your Honor, we do have an objection to
`PX 44. Mr. Sheasby went flying through a number of different
`exhibits, didn't lay any foundation to many of them. More
`importantly, we never saw this exhibit being used. We asked
`the Plaintiff about where in the transcript they could point
`to using this exhibit. They gave us a cite to the transcript,
`and in that cite there is a reference to a Netlist
`presentation. PX 44 is a Samsung presentation.
`So we still don't know of any cite in the transcript that
`supports entering this exhibit, Your Honor.
`
`Shawn M. McRoberts, RMR, CRR
`Federal Official Court Reporter
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`Case 2:21-cv-00463-JRG Document 496 Filed 04/28/23 Page 5 of 126 PageID #: 58181
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`THE COURT: Can you identify anywhere in the
`transcript from yesterday, Ms. Truelove, where you believe
`this exhibit was published and used before the jury?
`MS. TRUELOVE: Yes. And we identified that to
`opposing counsel last night. It was during the cross of Mr.
`Meyer. The question was asked, "And we know that Samsung
`subsequently adopted HBM with TSV technology. Correct?"
`And the answer was, "They have these products, that's
`correct." And that's when he had it on the --
`THE COURT: Can you show me the document?
`MS. TRUELOVE: I haven't --
`MR. REGER: Your Honor, may I approach?
`THE COURT: Put it on the document camera, if you
`
`will.
`
`MR. REGER: Yes. And, once again, if we look to the
`top right --
`MS. TRUELOVE: He didn't -- he didn't show that --
`MR. REGER: Well, real quickly, if we may.
`THE COURT: Let's get it on there straight first
`where it's not upside down and then zoom out so I can see the
`entire page. Okay. That's fine.
`MR. REGER: Yes, Your Honor. What I wanted to point
`out is at the top right. It says, Samsung secret, and it
`became a Samsung document. The Q and A before and after are
`referencing a Netlist presentation.
`
`Shawn M. McRoberts, RMR, CRR
`Federal Official Court Reporter
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`Case 2:21-cv-00463-JRG Document 496 Filed 04/28/23 Page 6 of 126 PageID #: 58182
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`So, again, we don't believe they've laid the foundation
`or established that this is the document.
`THE COURT: What's your response, Ms. Truelove?
`MS. TRUELOVE: Well, he may have misspoke as to
`where it came from, but he only showed one page of the -- of
`the exhibit. I don't even think he showed the cover page. He
`simply put this up.
`And I don't know if that -- if the Court -- I think
`that's the page -- if the Court recalls him showing it. But
`that goes along with the question he asked which -- to Mr.
`Meyer, which was, "And we know that Samsung--" -- so he was
`referring to Samsung -- "-- subsequently adopted HBM with TSV
`technology."
`This is the page, isn't it, Mr. Payne?
`MR. PAYNE: Yes.
`MS. TRUELOVE: Okay. And the answer was, "They have
`these products, that's correct." And this was the only page
`of that exhibit that he showed.
`THE COURT: And this exhibit is marked as PX 44?
`MS. TRUELOVE: That's correct, and it's
`pre-admitted.
`THE COURT: All right. Anything else from the
`Defendants, Mr. Reger?
`MR. REGER: No, Your Honor. But, again, he was
`trying to establish evidence of copying. And to do that, he
`
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`Federal Official Court Reporter
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`Case 2:21-cv-00463-JRG Document 496 Filed 04/28/23 Page 7 of 126 PageID #: 58183
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`was showing the original Netlist presentation talking about
`HBM products, HBM patents. And I, you know, presented Mr.
`Meyer yesterday, and there was a flurry of documents, but I
`don't recall that one, Your Honor.
`THE COURT: Okay. Well, I recall seeing the single
`sheet that Ms. Truelove put on the document camera as part of
`what was shown to the jury. I'm going to pre-admit
`that -- I'm going to consider that single page as PX 44, and
`I'll consider it admitted.
`MS. TRUELOVE: Thank you, Your Honor.
`MR. REGER: Thank you, Your Honor.
`THE COURT: Is there any other rendition to offer?
`Did Defendants offer anything from the list of pre-admitted
`exhibits yesterday?
`MR. REGER: My apologies, Your Honor. No.
`THE COURT: All right.
`MR. REGER: Thank you.
`THE COURT: Thank you, Counsel.
`All right. Let's proceed to take up the formal charge
`conference.
`Previously the Court met with counsel for the parties
`last evening at length and reviewed with them the most current
`iteration of the final jury instructions and verdict form. We
`had a lengthy and fulsome discussion in chambers.
`The Court took into account the input from counsel for
`
`Shawn M. McRoberts, RMR, CRR
`Federal Official Court Reporter
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`Case 2:21-cv-00463-JRG Document 496 Filed 04/28/23 Page 8 of 126 PageID #: 58184
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`the parties and the totality of that discussion and has
`generated, subsequent to that time, what it believes to be the
`appropriate and proper final jury instruction and verdict
`form. That's been furnished to the parties with an
`opportunity to review it.
`And the Court now intends to conduct a formal charge
`conference where either party is able to lodge such objections
`to either matters included or matters omitted from the final
`jury instruction and verdict form that they believe rise to
`the level of a necessary objection and is in the interest of
`their respective clients.
`Counsel, the way I traditionally do this, if you're
`unaware, and the way I would want to do it this morning is
`that we'll begin with the final jury instructions. I'd like a
`single spokesperson for each side to go to the podium and
`remain at the podium.
`I will walk through the documents page by page, beginning
`with page 1 and then going to page 2 and et cetera. And at
`each point along the way, I will ask if there are any
`objections. And, again, if there's something included you
`find should be objected to or if there's something omitted
`that you find should be objected to, that will be the proper
`time for you to lodge your formal objections on the record.
`So, with that, whoever's going to speak for Plaintiff and
`Defendants, if you'd go to the podium, we'll begin with the
`
`Shawn M. McRoberts, RMR, CRR
`Federal Official Court Reporter
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`Case 2:21-cv-00463-JRG Document 496 Filed 04/28/23 Page 9 of 126 PageID #: 58185
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`final jury instructions on the cover sheet or page 1. And
`I'll ask if either party has any objections to the first page
`of the final jury instructions.
`MR. PAYNE: No objection from Netlist, Your Honor.
`MS. DEGNAN: No objection.
`THE COURT: Turning then to page 2, is there
`objection here from either party?
`MR. PAYNE: No objection.
`MS. DEGNAN: No objection.
`THE COURT: Page 3 of the final jury instructions,
`is there objection here from either party?
`MR. PAYNE: No objection.
`MS. DEGNAN: No objection.
`THE COURT: Turning to page four, is there no
`objection?
`MR. PAYNE: No objection.
`MS. DEGNAN: No objection.
`THE COURT: Turning to page 5, is there any
`objection?
`MR. PAYNE: No objection.
`MS. DEGNAN: No objection.
`THE COURT: Turning then to page 6, is there any
`objection?
`MR. PAYNE: No objection.
`MS. DEGNAN: No objection.
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`Case 2:21-cv-00463-JRG Document 496 Filed 04/28/23 Page 10 of 126 PageID #: 58186
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`THE COURT: Turning to page 7 next, is there any
`objection?
`MR. PAYNE: Yes, Your Honor. Netlist objects to the
`instruction on the JDLA and submits that Netlist's proposed
`instruction on the JDLA should be given for the same reasons
`that were previously submitted to the Court.
`THE COURT: All right. That objection is overruled.
`Is there any objection from Samsung regarding page 7?
`MS. DEGNAN: Samsung also objects to the objection
`regarding the JDLA and ask that the Court give Samsung's
`instruction on that issue previously presented to the Court.
`THE COURT: All right. That objection is overruled
`as well. Is there anything else from either party on page 7?
`MR. PAYNE: No, Your Honor.
`MS. DEGNAN: No.
`THE COURT: All right. We'll turn then to page 8 of
`the final jury instructions. Is there any objection here from
`either party?
`MR. PAYNE: No objection.
`MS. DEGNAN: The only objection we have, Your Honor,
`is not to how it's written, but we preserve for the record our
`objections to the claim constructions as previously submitted
`in our objections to the claim construction order.
`THE COURT: All right. That is noted, but it is not
`lodged as a formal objection at this point. So I won't rule
`
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`Case 2:21-cv-00463-JRG Document 496 Filed 04/28/23 Page 11 of 126 PageID #: 58187
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`on it, but I'll note your preservation.
`MS. DEGNAN: Thank you, Your Honor.
`THE COURT: All right. Then we'll turn to page 9 of
`the final jury instructions. Is there any objection here from
`either party?
`MR. PAYNE: No objection.
`MS. DEGNAN: No objection.
`THE COURT: Turning next to page 10, is there any
`objection here?
`MR. PAYNE: No objection.
`MS. DEGNAN: No objection, Your Honor.
`THE COURT: Turning to page 11, is there any
`objection here from either party?
`MR. PAYNE: No objection.
`MS. DEGNAN: No objection.
`THE COURT: Turning then to page 12 of the final
`jury instructions, is there any objection here from either
`Plaintiff or Defendants?
`MR. PAYNE: No objection.
`MS. DEGNAN: No objections.
`THE COURT: Next is page 13. Is there any
`objection?
`MR. PAYNE: No objection.
`MS. DEGNAN: No, Your Honor.
`THE COURT: Next is page 14. Is there any
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`Case 2:21-cv-00463-JRG Document 496 Filed 04/28/23 Page 12 of 126 PageID #: 58188
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`objection?
`MR. PAYNE: No objection.
`MS. DEGNAN: Yes, Your Honor. Samsung objects to
`providing any instruction with respect to willful blindness on
`the issue of willful infringement, and we would ask that you
`strike the following two sentences: "You may find that
`Samsung's actions were deliberate or intentional if Samsung
`was willfully blind to Netlist's patent rights. You may find
`that a Defendant is willfully blind when it is indifferent to
`the rights of another or when it proceeds in disregard of a
`high or excessive danger of infringement that is known to it
`or would have been apparent to a reasonable person in its
`position."
`THE COURT: All right. That objection is overruled.
`Anything further on page 14 from either party?
`MR. PAYNE: No, Your Honor.
`THE COURT: Anything further from Samsung on page
`
`14?
`
`MS. DEGNAN: No, Your Honor.
`THE COURT: We'll turn then to page 15. Is there
`any objection here?
`MR. PAYNE: No objection.
`MS. DEGNAN: Your Honor, we would object and ask
`that the following sentence be inserted in the first full
`paragraph after the first sentence: "Samsung was not required
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`Federal Official Court Reporter
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`Case 2:21-cv-00463-JRG Document 496 Filed 04/28/23 Page 13 of 126 PageID #: 58189
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`to stop manufacturing or selling the accused products upon
`learning of the asserted patents or upon Netlist's accusing
`Samsung of infringement if Samsung had a reasonable belief
`that it did not infringe, it was licensed, or that the
`asserted patents were invalid."
`We have no further objections on this page.
`THE COURT: All right. That objection as lodged by
`Defendants is overruled.
`Let's turn then to page 16 of the final jury
`instructions. Is there any objection here from either party?
`MR. PAYNE: No objection.
`MS. DEGNAN: No objection.
`THE COURT: Turning to page 17, is there any
`objection here from either party?
`MR. PAYNE: Yes, Your Honor. Netlist objects to the
`final paragraph on the page with the instruction on
`obviousness and, in particular, the statement that "a person
`of ordinary skill may be able to fit the teachings of multiple
`pieces of prior art together like pieces of a puzzle"
`as contrary to the legal standard for obviousness.
`THE COURT: All right. That objection is overruled.
`Anything further from either party on page 17?
`MS. DEGNAN: No, Your Honor.
`MR. PAYNE: No, Your Honor.
`THE COURT: Turning then to page 18 of the final
`
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`Case 2:21-cv-00463-JRG Document 496 Filed 04/28/23 Page 14 of 126 PageID #: 58190
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`jury instructions, is there objection here from either party?
`MR. PAYNE: No objection.
`MS. DEGNAN: Yes, Your Honor. On page 18, in the
`sentence after the sentence that's numbered 6, after "you must
`find that," we would strike the rest of that sentence and
`insert the following: "A person of ordinary skill in the art
`would --"
`
`THE COURT: Just a minute, Ms. Degnan. I'm not
`following where you are on the page. Can you orient me,
`please?
`
`MS. DEGNAN: Yes, Your Honor. Thank you.
`So in the middle of the page, we've got six factors that
`are enumerated.
`THE COURT: Right.
`MS. DEGNAN: Then the next sentence says, "To find
`the invention obvious, you must find that," and then it goes
`on to "prior art provided a person having ordinary skill in
`the field a reasonable expectation of success." We would
`strike the language as follows: "The prior art provided a
`person having ordinary skill in the field a reasonable
`expectation of success," and replace it with the following:
`"A POSITA would have had a reasonable expectation of success
`in combining the teachings of the prior art to result in the
`claimed invention."
`THE COURT: All right. That objection is overruled.
`
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`Federal Official Court Reporter
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`Anything further from either party on page 18?
`MR. PAYNE: No, Your Honor.
`MS. DEGNAN: No, Your Honor.
`THE COURT: Turning next then to page 19 of the
`final jury instructions, is there objection here from either
`party?
`
`MR. PAYNE: No objection.
`MS. DEGNAN: No objection.
`THE COURT: Next is page 20. Is there objection
`
`here?
`
`MR. PAYNE: Yes, Your Honor. Netlist objects that
`an additional instruction that Netlist proposed on written
`description should be given, specifically that the patentee is
`not required to claim all features and advantages described in
`the specification, and that the question for written
`description is whether the claims are disclosed in the
`specification, not whether the claims include everything in
`the specification, and for the reasons that we've also put in
`the written submission, Your Honor.
`THE COURT: All right. That objection's overruled.
`Anything else from either party on page 20?
`MS. DEGNAN: Yes, Your Honor. We have two sentences
`we would like to add to the written description instruction.
`The first would appear in the second paragraph before the
`last sentence of that paragraph. So before the sentence that
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`Case 2:21-cv-00463-JRG Document 496 Filed 04/28/23 Page 16 of 126 PageID #: 58192
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`says, "if a patent claim lacks," we would insert the
`following: "A broad claim is invalid when the specification
`clearly indicates that the invention is of a much narrower
`scope."
`Do you want to hear my second sentence or do you want to
`rule on that first?
`THE COURT: Go ahead and offer your second sentence.
`MS. DEGNAN: In the last paragraph on that page
`after the first sentence which ends with, "in the exact words
`of the claim," we would insert, "However, if the specification
`clearly shows that the invention as disclosed by the inventor
`requires a feature that is not recited in a claim, then that
`claim is invalid."
`THE COURT: All right. Those objections are
`overruled.
`We'll turn next to page 21 of the final jury
`instructions. Is there any objection here from either party?
`MR. PAYNE: Not an objection, Your Honor, but there
`is a typo in the middle paragraph of the page where it says
`'010 Patent instead of '060 Patent.
`THE COURT: I see that. Thank you. I will make
`that correction.
`MR. PAYNE: Otherwise, no objection from Netlist on
`
`that.
`
`THE COURT: Any objection from Defendants here?
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`MS. DEGNAN: No objection with that correction as
`well, Your Honor.
`THE COURT: All right. Turning then to page 22, is
`there objection here from either party?
`MR. PAYNE: No objection, Your Honor.
`MS. DEGNAN: No, Your Honor.
`THE COURT: Turning then to page 23, is there
`objection here from either party?
`MR. PAYNE: No objection, Your Honor.
`MS. DEGNAN: No objection.
`THE COURT: Turning then to page 24, is there any
`objection here?
`MR. PAYNE: Yes, Your Honor. Netlist objects to the
`instruction on non-infringing alternatives including the
`instruction that Netlist has the burden to show that a
`non-infringing alternative was available, as contrary to the
`requirements of the Federal Circuit damages law for reasonable
`royalty damages.
`THE COURT: All right. That objection is overruled.
`Let me ask you, Counsel, pages 23 and 24 contain all 15
`of the Georgia-Pacific factors. Does either party object to
`the Court charging this jury in this case with all 15 of the
`factors?
`
`MR. PAYNE: No, Your Honor.
`MS. DEGNAN: No, Your Honor.
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`Case 2:21-cv-00463-JRG Document 496 Filed 04/28/23 Page 18 of 126 PageID #: 58194
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`THE COURT: All right. Then let's turn to page 25.
`Is there objection here from either party?
`MR. PAYNE: No objection, Your Honor.
`MS. DEGNAN: No objection.
`THE COURT: Turning then to page 26, is there
`objection from either party?
`MR. PAYNE: No objection, Your Honor.
`MS. DEGNAN: No objection.
`THE COURT: And the final page of the final jury
`instructions being page 27, is there objection here from
`either party?
`MR. PAYNE: No objection.
`MS. DEGNAN: No objection.
`THE COURT: All right. Next let's turn to the
`verdict form. We'll follow the same approach.
`Is there objection from either Plaintiff or Defendants to
`anything on the first sheet or cover page of the verdict form?
`MR. PAYNE: No, Your Honor.
`MS. DEGNAN: No objection.
`THE COURT: Turning to page 2 of the verdict form
`where certain definitions are put forward, is there objection
`here from either party?
`MR. PAYNE: No objection.
`MS. DEGNAN: No objection.
`THE COURT: Turning to page 3 where certain written
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`Case 2:21-cv-00463-JRG Document 496 Filed 04/28/23 Page 19 of 126 PageID #: 58195
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`instructions are included, is there objection here from either
`party?
`
`MR. PAYNE: No objection.
`MS. DEGNAN: No objection.
`THE COURT: Turning to page 4 where questions
`regarding infringement are listed, is there any objection from
`either party?
`MR. PAYNE: Yes, Your Honor. Just putting it on the
`record Netlist objects to the order of the questions,
`specifically that that order should track the presentation of
`evidence and that the '918 and '054 Patent questions should be
`first, 1A; that the '339 Patent question shown second, 1B; and
`there's no objection to the placement of the third question.
`THE COURT: All right. That objection is overruled.
`Any objection here from Samsung?
`MS. DEGNAN: Yes, Your Honor. So for the record, we
`would not have minded reordering the patents as Netlist has
`stated, but we do object in Question 1B and 1C to having a
`single question for two patents. So we would have one
`question for the '918 Patent and a separate question for the
`'054. And then 1C, we would have one question for the '060
`and a separate question for the '160 Patent.
`THE COURT: All right. That objection is overruled
`
`as well.
`We'll turn to page 5 of the verdict form where Question 2
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`Case 2:21-cv-00463-JRG Document 496 Filed 04/28/23 Page 20 of 126 PageID #: 58196
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`regarding invalidity is located. Is there objection here from
`either party?
`MR. PAYNE: Yes, Your Honor. Netlist objects to the
`order for the same reasons as stated on the infringement
`question.
`THE COURT: That's overruled. Any objection from
`
`Samsung?
`
`MS. DEGNAN: No, Your Honor.
`THE COURT: Then we'll turn to page 6 of the verdict
`form where Questions 3A, B, and C are found. Is there
`objection here from either party?
`MR. PAYNE: Yes, Your Honor. Same objection to the
`order of the questions.
`THE COURT: Same ruling, overruled.
`MS. DEGNAN: We have an objection as well, Your
`
`Honor.
`
`THE COURT: Please state your objection.
`MS. DEGNAN: Yes. Excuse me. We would have
`separate questions for 3B--one for the '918 Patent, a second
`for the '054 Patent. And Question 3C, we would have one
`question for the '060 Patent and a separate question for the
`'160 Patent, Your Honor.
`THE COURT: That objection is overruled.
`We'll turn to page 7 of the verdict form where Questions
`4A, B, and C are located regarding damages. Is there
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`Case 2:21-cv-00463-JRG Document 496 Filed 04/28/23 Page 21 of 126 PageID #: 58197
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`objection here from either party?
`MR. PAYNE: Yes, Your Honor. Same objection to
`
`order.
`
`THE COURT: Same ruling, overruled. Anything from
`Samsung here?
`MS. DEGNAN: No objection, Your Honor.
`THE COURT: Then we'll turn to page 8, which is the
`final page of the verdict form. Is there objection here from
`either Plaintiff or Defendants?
`MR. PAYNE: No, Your Honor.
`MS. DEGNAN: No, Your Honor.
`THE COURT: All right. That completes the formal
`charge conference.
`I will correct the one typographical error which was
`caught, and I appreciate it being caught. It will take me
`some time to print the eight copies of the final jury
`instructions so that each member of the jury will have their
`own printed copy when they retire to deliberate.
`But after that's done, I intend to -- assuming all the
`jury is here because it's 8:30, when all the jury is here and
`that's done, I intend to return to the bench, bring in the
`jury, and proceed with the Court's final instructions,
`followed by closing argument from counsel.
`With that, the Court stands in recess.
`(Brief recess.)
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`Case 2:21-cv-00463-JRG Document 496 Filed 04/28/23 Page 22 of 126 PageID #: 58198
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`THE COURT: Be seated, please.
`For those present, including our friends behind the bar,
`I want to make it clear that I'm about to bring in the jury
`and present the Court's final instructions to them, followed
`by closing arguments by the attorneys for the parties.
`The Court considers its final instructions to the jury
`and counsel's closing arguments as the most serious part of a
`very serious process. Therefore, I do not want any
`disruptions of any kind during my instructions to the jury or
`during counsel's closing arguments.
`If you have an electronic device on your person, make
`sure it is not going to make any noise under any
`circumstances. If you have any doubt, get it out of this room
`right now.
`If you need to talk to somebody, if you need to pass
`papers, if you need to lean over and whisper, do it now.
`Don't do it after I bring the jury in. I want everybody
`still, quiet, and respectful.
`I don't want people coming and going once I bring the
`jury in. So if you have colleagues who aren't here, they need
`to get here or they need to stay outside of the courtroom. I
`want you as still and quiet and respectful as possible
`throughout my final instructions and counsels' closing
`arguments.
`Counsel, is there anything that needs to be raised with
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`Case 2:21-cv-00463-JRG Document 496 Filed 04/28/23 Page 23 of 126 PageID #: 58199
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`the Court before I bring in the jury and begin with the
`Court's final instructions?
`MR. SHEASBY: Nothing for Plaintiff, Your Honor.
`MR. CORDELL: Nothing for Defendants, Your Honor.
`
`Thank you.
`
`please.
`
`THE COURT: All right. Let's bring in the jury,
`
`(Whereupon, the jury entered the courtroom.)
`THE COURT: Good morning, ladies and gentlemen of
`the jury. Welcome back. Please have a seat.
`Ladies and gentlemen of the jury, you've now heard all
`the evidence in this case, and I'll now instruct you on the
`law that you must apply.
`I want you to each understand that these instructions I'm
`about to give you orally have been reduced to writing, and I
`will provide each of you with your own written copy of these
`final jury instructions. So you can make notes if you want
`to, but you don't have to because you're going to have your
`own printed copy of these instructions.
`Quite honestly, I would prefer me that you give me your
`undivided attention. That's part of why I provide the written
`copies to each member of the jury that you can refresh your
`memory with and review during your deliberations.
`It's your duty to follow the law as I give it to you.
`And on the other hand, as I've said, you, the jury, are the
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`Case 2:21-cv-00463-JRG Document 496 Filed 04/28/23 Page 24 of 126 PageID #: 58200
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`sole judges of the facts in this case. Do not consider any
`statement that I have made over the course of the trial or
`make in the course of these instructions as an indication that
`I have any opinion about the facts in this case.
`You are about to hear closing arguments from the
`attorneys for the competing parties. Statements and arguments
`of the attorneys, ladies and gentlemen, are not evidence, and
`they are not instructions on the law. They are intended only
`to assist the jury in understanding the evidence and the
`parties' competing contentions.
`A verdict form has been prepared for you, and you will
`take this verdict form with you to the jury room. And when
`you have reached a unanimous agreement as to the questions in
`the verdict form, you will have your foreperson fill in the
`blanks to those questions reflecting your unanimous answers,
`then sign the verdict form and date it, and advise the Court
`security officer you've reached a verdict.
`Answer those questions in the verdict form from the facts
`as you find them to be. Do not decide who you think should
`win this case and then answer those questions to reach that
`result. Your answers and your verdict, ladies and gentlemen,
`I remind you, must be unanimous.
`Now, in determining whether any fact has been proven in
`this case, you may, unless otherwise instructed, consider the
`testimony of all the witnesses, regardless of who may have
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`Case 2:21-cv-00463-JRG Document 496 Filed 04/28/23 Page 25 of 126 PageID #: 58201
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`called them, and you may consider all the exhibits admitted
`into evidence, regardless of who may have introduced those
`exhibits.
`You, the jury, are the sole judges of the credibility of
`all the witnesses and the weight and effect to give to all of
`the evidence. In deciding the facts in this case, you may
`have to decide which testimony to believe and which testimony
`not to believe. You alone are to determine the questions of
`credibility or truthfulness of the witnesses.
`In weighing the testimony of the witnesses, you may
`consider a witness' manner and demeanor on the witness stand,
`any feelings or interest they may have in the case, any
`prejudice or bias about the case that the witness may have, as
`well as the consistency or inconsistency of their testimony,
`considered in the light of the circumsta
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