Case 5:16-cv-00179-RWS Document 230 Filed 07/02/18 Page 1 of 169 PageID #: 12420
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`1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
`
`MAXELL, LTD. )
`
` DOCKET NO. 5:16cv179
`-vs- )
` Texarkana, Texas
` ) 1:39 p.m.
`ZTE USA, INC. June 18, 2018
`
` TRANSCRIPT OF VOIR DIRE OF THE JURY PANEL (CONTINUED)
` AFTERNOON SESSION
` BEFORE THE HONORABLE ROBERT W. SCHROEDER III,
` UNITED STATES DISTRICT JUDGE,
`
`A P P E A R A N C E S
`
`
`FOR THE PLAINTIFF:
`
`MR. JAMIE B. BEABER
`MAYER BROWN LLP
`1999 K Street, NW
`Washington, DC 20006
`
`MR. GEOFFREY P. CULBERTSON
`PATTON TIDWELL & CULBERTSON, LLP
`2800 Texas Blvd.
`Texarkana, TX 75503
`
`COURT REPORTER: MS. CHRISTINA L. BICKHAM, RMR, CRR
` FEDERAL OFFICIAL COURT REPORTER
` 300 Willow, Ste. 221
` Beaumont, TX 77701
`
`
`Proceedings taken by Machine Stenotype; transcript was
`produced by a Computer.
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`1
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
`
`MAXELL, LTD. )
`
` DOCKET NO. 5:16cv179
`-vs- )
` Texarkana, Texas
` ) 1:39 p.m.
`ZTE USA, INC. June 18, 2018
`
` TRANSCRIPT OF VOIR DIRE OF THE JURY PANEL (CONTINUED)
` AFTERNOON SESSION
` BEFORE THE HONORABLE ROBERT W. SCHROEDER III,
` UNITED STATES DISTRICT JUDGE,
`
`A P P E A R A N C E S
`
`
`FOR THE PLAINTIFF:
`
`MR. JAMIE B. BEABER
`MAYER BROWN LLP
`1999 K Street, NW
`Washington, DC 20006
`
`MR. GEOFFREY P. CULBERTSON
`PATTON TIDWELL & CULBERTSON, LLP
`2800 Texas Blvd.
`Texarkana, TX 75503
`
`COURT REPORTER: MS. CHRISTINA L. BICKHAM, RMR, CRR
` FEDERAL OFFICIAL COURT REPORTER
` 300 Willow, Ste. 221
` Beaumont, TX 77701
`
`
`Proceedings taken by Machine Stenotype; transcript was
`produced by a Computer.
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`Case 5:16-cv-00179-RWS Document 230 Filed 07/02/18 Page 2 of 169 PageID #: 12421
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`FOR THE PLAINTIFF:
`
`MR. ALAN GRIMALDI
`MR. KFIR B. LEVY
`MR. JAMES A. FUSSELL III
`MR. BRYAN C. NESE
`MR. WILLIAM J. BARROW
`MS. TIFFANY MILLER
`MR. BALDINE B. PAUL
`MR. SAQIB J. SIDDIQUI
`MR. CLARK S. BAKEWELL
`MAYER BROWN LLP
`1999 K. Street, NW
`Washington, DC 20006
`
`FOR THE DEFENDANT:
`
`MR. ERIC H. FINDLAY
`FINDLAY CRAFT PC
`102 N. College Ave., Ste. 900
`Tyler, Texas 75702
`
`MS. CALLIE A. BJURSTROM
`MR. HOWARD N. WISNIA
`MS. NICOLE S. CUNNINGHAM
`MR. SARA J. O'CONNELL
`PILLSBURY WINTHROP SHAW PITTMAN LLP
`501 W. Broadway, Ste. 1100
`San Diego, CA 92101-3575
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`Case 5:16-cv-00179-RWS Document 230 Filed 07/02/18 Page 3 of 169 PageID #: 12422
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`P R O C E E D I N G S
`(Jury panel in.)
`THE COURT: Mr. Findlay, you may voir dire the
`
`jury.
`
`MR. FINDLAY: Thank you, Your Honor.
`May it please the Court, counsel.
`Ladies and gentlemen of the jury, welcome back.
`Did you have a good lunch?
`Thank you for coming back. Thank you for your
`attention.
`THE COURT: Mr. Findlay, hold on for a mic just a
`moment -- oh, you have a mic. You just have it off.
`MR. FINDLAY: I do. I didn't turn it on. Is that
`
`better?
`
`THE COURT: Yes. Thanks.
`MR. FINDLAY: Welcome back. Thank you.
`We greatly appreciate your time; and on behalf of
`ZTE, I want to say thank you.
`My name is Eric Findlay. I introduced myself a
`little bit earlier, and I'll tell you a little bit more about
`myself a little more later on. I'm proud to represent
`ZTE USA, ladies and gentlemen, and I'm proud to represent
`Mr. Waiman Lam, corporate representative for ZTE, who is
`going to be here all throughout this trial. He's a
`vice-president for ZTE, works over in Richardson, lives in
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`Plano, Texas.
`I want to tell you a little bit about him since you
`shared with us a little bit about yourselves. He's been with
`ZTE for about 10 years now. He and his wife have two kids.
`I think it's an 11-year-old boy and a 9-year-old girl.
`He's one of these people that my wife wishes I
`would have been when my kids are littler. He's a -- kind of
`homeroom dad, volunteers at the school, teaches tennis,
`coaches tennis.
`And as my kids would say, Mr. Lam is wicked smart.
`He's got a bachelor's degree in mechanical engineering and a
`master's degree in computer information science, which I'm
`not even sure I know what that is.
`But he will be here throughout the course of this
`trial because, as Maxell's lawyers pointed out, this case is
`important to them. It is just every bit as important to
`ZTE USA, ladies and gentlemen, and Mr. Lam.
`I'll tell you a little bit about ZTE. I think one
`of you has had a ZTE phone. Some of you may have heard about
`the company. ZTE is kind of -- I think of them as kind of a
`phone company -- a mobile phone company for the rest of us,
`if you will. They're not Apple, and they're not Samsung.
`Apple and Samsung, great products. I have some of them. But
`they're kind of the high-end products. You've got to save up
`a little bit to get those.
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`Case 5:16-cv-00179-RWS Document 230 Filed 07/02/18 Page 5 of 169 PageID #: 12424
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`They're -- I think of it as like they're the
`Cadillacs of the mobile phones. ZTE is more like a good
`solid Chevrolet. You can go down to Walmart, as we did
`yesterday, and buy a ZTE phone like this, $30.
`Mr. Glover, it's a flip phone. So, if you need a
`new one, we can get one for you.
`Some of their phones, $30, $40 for a cool-looking
`little smartphone. Some of them may range up into 80, $100.
`That's usually about it. The vast majority of their phones
`are under a couple hundred dollars really. And that's
`unlocked. You can just go down to the store and buy them.
`Most importantly, ladies and gentlemen, ZTE USA
`does not infringe any of the patents that Maxell has been
`talking to you about, none of them.
`I want to use one of the slides that you saw
`Mr. Culbertson, my good friend, use in his voir dire. We
`don't infringe any of those patents, ladies and gentlemen,
`because we don't use the technology.
`As you'll hear throughout the course of this trial,
`these patents, in the life of a patent, they're old patents.
`They're going to expire, most of them, I think, in 2019 and
`the rest in 2020.
`And you remember this slide. It's our position in
`this case -- I just want to be clear, because Mr. Culbertson
`talked about it for quite some time -- that what has happened
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`Case 5:16-cv-00179-RWS Document 230 Filed 07/02/18 Page 6 of 169 PageID #: 12425
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`in this case is Maxell has taken a boundary that was within
`that patent, an old boundary, and they've moved it to try to
`cover new land. They have moved that boundary to try to
`encompass or cover things that these patents didn't invent.
`You'll see evidence in this case and you'll hear
`testimony from witnesses that the way these patents do it is
`the old way, and ZTE USA doesn't do it that way. We do it
`the new way.
`Now, let me ask you kind of a related question to
`that. You heard Mr. Culbertson talk to you about the burden
`of proof. Do you remember? And he put some slides up. By
`show of hands, who is kind of confused about the whole burden
`of proof issue? If you're confused by some of what you heard
`or some of what was said, can you raise your hand for me? I
`see a few hands raised.
`Let me just try to point out one or two things that
`I think the Judge will instruct you on with the burden of
`proof to see if we're all on the same page.
`Do you remember this slide that Mr. Culbertson
`showed you, the preponderance of the evidence? I believe
`Judge Schroeder will instruct you, ladies and gentlemen, that
`this burden of proof belongs to Maxell.
`In order for Maxell to prove infringement to you,
`they can't just say it. They don't just get there by showing
`up in this courtroom. Through credible evidence and
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`Case 5:16-cv-00179-RWS Document 230 Filed 07/02/18 Page 7 of 169 PageID #: 12426
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`testimony, they have to convince you that ZTE infringes by a
`preponderance of the evidence.
`ZTE doesn't have any burden with respect to proving
`non-infringement. Does that make sense?
`Juror No. 11, Mr. Ferguson. I'll let the court
`security officer give you the microphone.
`Does that make sense to you, sir?
`PROSPECTIVE JUROR FERGUSON: Yes.
`MR. FINDLAY: That ZTE doesn't have any burden to
`prove non-infringement, but that is Maxell's burden, since
`they are the Plaintiff, to prove that we infringe.
`Do you understand that?
`PROSPECTIVE JUROR FERGUSON: Yes, sir.
`MR. FINDLAY: Okay. And -- thank you,
`Mr. Ferguson.
`The other slide that was shown, which I think might
`have confused a couple of folks was this slide on clear and
`convincing evidence. This slide only comes up -- or this
`burden of proof, as the Judge will instruct you, comes into
`play only to the extent that ZTE USA is claiming that some of
`these Maxell patents are invalid, haven't been -- shouldn't
`have been granted.
`Did y'all get to watch the patent video this
`morning before you came in here?
`Okay. I see nods of heads.
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`Case 5:16-cv-00179-RWS Document 230 Filed 07/02/18 Page 8 of 169 PageID #: 12427
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`Did y'all think it was informative? Enjoy it? Can
`one of the teachers tell me something they learned in the
`patent video that maybe they didn't know before?
`Juror No. 25, Mr. Solorzano. Did I pronounce that
`correctly, sir?
`PROSPECTIVE JUROR SOLORZANO: Yes, sir.
`MR. FINDLAY: Was there anything in particular that
`you learned in the jury video that you didn't otherwise know
`that you could share with us?
`PROSPECTIVE JUROR SOLORZANO: I didn't know that
`when you applied for a patent, that it was vetted to the best
`of the Patent Office's abilities, and then it was subject to
`revision and arguments from the person applying for the
`patent.
`
`MR. FINDLAY: Understood.
`Did you also hear in the video where they said that
`if somebody is accused of infringement, like ZTE USA is, they
`have a right to come into court and to challenge the validity
`of that patent?
`PROSPECTIVE JUROR SOLORZANO: Yes.
`MR. FINDLAY: Do you agree with that?
`PROSPECTIVE JUROR SOLORZANO: Yes.
`MR. FINDLAY: Thank you, sir.
`Mr. Glover, could I pick on you for a moment?
`PROSPECTIVE JUROR GLOVER: No.
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`MR. FINDLAY: I'll be brief. I -- I promise.
`You had a discussion with Mr. Culbertson about the
`fact that you wondered why some of this wasn't done at the
`Patent Office. Do you recall that?
`Do you --
`I think you may have turned it off accidentally.
`Do you recall in that patent video where it said
`that questions of infringement, they're not decided at the
`Patent and Trademark Office, but they come here to a court of
`law? Do you recall that?
`PROSPECTIVE JUROR GLOVER: Yes, I do. And that
`confused me.
`MR. FINDLAY: Okay. Do you also remember, as I
`asked Mr. Solorzano, that it's ZTE's legal right -- the law
`gives us the right to come in and to, one, say we don't
`infringe if we don't think we infringe, and also gives us the
`right to challenge the validity of a patent? Do you recall
`that?
`
`PROSPECTIVE JUROR GLOVER: Yes. I believe that's
`
`true.
`
`MR. FINDLAY: Do you think that's fair?
`PROSPECTIVE JUROR GLOVER: I believe it's fair.
`MR. FINDLAY: Does anybody think that -- that it's
`enough for Maxell just to claim that we infringe and that
`means if they just claim we infringe, okay, we lose? Does
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`anybody think that?
`By your silence I -- and I see people shaking their
`heads no.
`Let me ask it a little bit differently, and I'm
`going to ask you for an affirmative raise of your hand if you
`believe this.
`Everybody accused of something gets into a court of
`law like this, you have a right to defend yourself and a
`right to speak up for yourself. Could I get a show of hands
`if you agree with that?
`Wouldn't you agree with me that's kind of the
`American way? That's what we're here about.
`Thank you.
`Thank you, Mr. Glover.
`Let me tell you a little bit, since you, again,
`have told us a lot about yourselves, a little bit about
`myself. I work a lot here in Texarkana, but I live down in
`Tyler. I am married. I've been married for 27 years. I'll
`turn 51 frighteningly soon.
`I've got two boys. One will be a senior at Baylor
`University in August, and one will be a senior in high
`school. And the younger one is actually in the courtroom
`here because I've got him working a little bit this summer
`for us. That's a little bit about me.
`Who is old enough here to remember Paul Harvey, the
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`Case 5:16-cv-00179-RWS Document 230 Filed 07/02/18 Page 11 of 169 PageID #: 12430
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`radio commentator?
`I see almost everybody, a large show of hands.
`Who used to listen to Paul Harvey from time to
`
`time?
`
`I remember growing up that my dad would always turn
`on Paul Harvey when we were in the car together. He knew
`what time it came on. I didn't remember. But he would
`always listen to it. And what he loved is that "rest of the
`story" bit that Paul Harvey did. Do you remember that?
`He would tell us a story about something we all
`thought we kind of knew everything about, and then he would
`tell you a different part of it, and then he would say, "now
`you know" -- who can finish it for me?
`PROSPECTIVE JURORS: The rest of the story.
`MR. FINDLAY: The rest of the story.
`That, ladies and gentlemen, is a lot of what this
`case is like to some extent. And what I mean by that is as
`you've seen happen so far, the plaintiffs get to go first on
`everything. They get to do voir dire first. They get to do
`opening statements first. They get to put on their witnesses
`first. But that's not the rest of the story.
`Can everybody agree that you will hold judgment and
`wait to make any decisions until you hear our side of the
`story? Is that fair?
`Does everybody agree that it would be just really
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`unfair, not playing by the rules, to make a decision before
`you've heard our side of the story?
`I see people nodding their heads.
`Who has -- let me ask it another way. Who has two
`or more children? Show of hands.
`I'm sorry?
`PROSPECTIVE JUROR: I didn't hear what you said.
`MR. FINDLAY: I'm sorry. Who has two or more
`children?
`When my kids were younger, one would come in and
`Graydon would say, Chance hit me.
`Well, I quickly learned, as I got more experienced
`as a parent, that I wasn't going to go right away to Chance
`and discipline Chance because for all I know, when I found
`out the rest of the story, Graydon kicked him before he hit
`him.
`
`Do you follow what I mean?
`Have other people had similar experiences?
`And we chuckle about it, but that's why it's so
`important to us, and I hope you can understand why it's so
`important to my client that you wait to hear both sides of
`the story.
`And I think you all are nodding your heads and
`agreeing that you'll do that, and I appreciate that.
`Ms. Walker, I think it was, you said that you had a
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`Case 5:16-cv-00179-RWS Document 230 Filed 07/02/18 Page 13 of 169 PageID #: 12432
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`ZTE phone?
`PROSPECTIVE JUROR WALKER: Yes.
`MR. FINDLAY: Is that correct?
`PROSPECTIVE JUROR WALKER: Yes.
`MR. FINDLAY: And I think you said you have a -- so
`far have had a good experience with it?
`PROSPECTIVE JUROR WALKER: Yes, sir.
`MR. FINDLAY: Okay. And did you say that's the
`only ZTE phone that you've owned?
`PROSPECTIVE JUROR WALKER: Yes, sir.
`MR. FINDLAY: Okay. Thank you, ma'am.
`And I think Ms. Walker was the only one who
`currently owns a ZTE phone.
`Has anybody previously ever owned a ZTE phone or
`any ZTE product that you know of?
`Yes, ma'am, Juror No. 28, Ms. Lutes.
`PROSPECTIVE JUROR LUTES: A few years ago my dad
`bought me a ZTE phone for Christmas.
`MR. FINDLAY: Okay. Do you recall what kind it
`was, what model it was?
`PROSPECTIVE JUROR LUTES: It was a smartphone,
`
`smaller.
`
`MR. FINDLAY: Okay.
`PROSPECTIVE JUROR LUTES: I can't remember. But I
`didn't have it for very long but...
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`MR. FINDLAY: I'm sorry?
`THE COURT: I didn't have it for very long but...
`MR. FINDLAY: Did you like it?
`PROSPECTIVE JUROR LUTES: It was nice. It was --
`MR. FINDLAY: Okay.
`PROSPECTIVE JUROR LUTES: You know, I mean, it
`wasn't like Samsung but...
`MR. FINDLAY: Got you.
`PROSPECTIVE JUROR LUTES: I mean, it worked. It
`did its job.
`MR. FINDLAY: And that's my point, it wasn't --
`PROSPECTIVE JUROR LUTES: And it was free from dad,
`so that was good.
`MR. FINDLAY: The price was right, as we say.
`PROSPECTIVE JUROR LUTES: Yeah. The price was
`
`perfect.
`
`MR. FINDLAY: Okay.
`PROSPECTIVE JUROR LUTES: Yeah.
`MR. FINDLAY: Thank you, ma'am.
`PROSPECTIVE JUROR LUTES: Welcome.
`MR. FINDLAY: Anybody else in the past previously
`owned a ZTE phone or -- or any product?
`Nobody else?
`There were several of you, I think, who had
`indicated that you had seen, I think -- or heard of some of
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`the parties in the news recently or from time to time.
`Anybody hear anything in the news about Hitachi
`that -- that comes to current thought?
`How about Maxell?
`Anybody hear about anything in the news about ZTE?
`Couple shows of hand. No. 8 and No. 9, thank you.
`Anybody else?
`Okay. Thank you.
`Let me talk to you a little bit about the lawyers
`that are representing Maxell. Juror No. 29, Ms. Meredith, is
`it? I think you indicated that you knew Tripp Fussell's
`family; is that right?
`PROSPECTIVE JUROR MEREDITH: His mom worked in the
`same school district. I knew him as a sixth grader.
`MR. FINDLAY: Okay.
`PROSPECTIVE JUROR MEREDITH: But I didn't really
`know him personally. Just knew who he was.
`MR. FINDLAY: Did -- do you teach school?
`PROSPECTIVE JUROR MEREDITH: I did. I'm retired.
`MR. FINDLAY: Was he in your class?
`PROSPECTIVE JUROR MEREDITH: No.
`MR. FINDLAY: Okay. But he was in the same school?
`PROSPECTIVE JUROR MEREDITH: Just in the same
`
`school.
`
`MR. FINDLAY: Okay. Did he get into trouble?
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`PROSPECTIVE JUROR MEREDITH: I wouldn't think so.
`MR. FINDLAY: Well, I don't know.
`But do you know the family close? Have you ever
`been in their home or anything like that?
`PROSPECTIVE JUROR MEREDITH: No.
`MR. FINDLAY: Would the fact that you know of
`Mr. Fussell --
`PROSPECTIVE JUROR MEREDITH: I just know him from
`school and his mom taught. That's all I know.
`MR. FINDLAY: Let me ask you this: Does that make
`him start any more ahead in the lawsuit than me or my side?
`PROSPECTIVE JUROR MEREDITH: No.
`MR. FINDLAY: Okay. Thank you, ma'am.
`Mr. Culbertson -- I think the Judge asked if
`anybody knew Mr. Culbertson. The firm that he works with is
`Patton, Tidwell, & Culbertson. Anybody ever heard of that
`firm or done any business or know anybody in that firm?
`Yes, sir, Mr. Davis?
`PROSPECTIVE JUROR DAVIS: Well, I mean, I have
`heard of them. I know Nick Patton, who I don't think even
`practices any longer -- no longer practices, but I'm -- I'm
`familiar with the firm and knew Nick, one of the founding
`members of it.
`MR. FINDLAY: Did y'all ever have any business with
`them with your lumber company or anything?
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`Case 5:16-cv-00179-RWS Document 230 Filed 07/02/18 Page 17 of 169 PageID #: 12436
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`PROSPECTIVE JUROR DAVIS: Not with the firm, no.
`MR. FINDLAY: Okay. Thank you, sir.
`PROSPECTIVE JUROR DAVIS: Uh-huh.
`MR. FINDLAY: Anybody else?
`PROSPECTIVE JUROR GOODING: Just familiar with the
`
`firm.
`
`MR. FINDLAY: Okay. One second, Ms. Gooding.
`PROSPECTIVE JUROR GOODING: I'm just familiar with
`the firm, so...
`MR. FINDLAY: Okay. Do you know anybody there
`personally at the firm?
`PROSPECTIVE JUROR GOODING: Well, I know Kelly
`Tidwell, and I know his wife.
`MR. FINDLAY: Okay. How do you? Just from church,
`in the community or --
`PROSPECTIVE JUROR GOODING: Just the community,
`
`yes.
`
`MR. FINDLAY: Have you ever been over to their home
`or anything like that?
`PROSPECTIVE JUROR GOODING: Actually, I have.
`MR. FINDLAY: Okay. And I would assume your
`husband is a lawyer here in town, right?
`PROSPECTIVE JUROR GOODING: That's correct, yes.
`MR. FINDLAY: I would assume he knows folks at that
`law firm?
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`PROSPECTIVE JUROR GOODING: Yes.
`MR. FINDLAY: How many times do you think y'all
`have been in each other's homes, that sort of thing?
`PROSPECTIVE JUROR GOODING: Twice maybe.
`MR. FINDLAY: Okay. Can you kind of see from my
`standpoint why I might want to make sure, okay, is that going
`to somehow make you start leaning a little bit more towards
`Mr. Culbertson's side because you know folks in his firm?
`PROSPECTIVE JUROR GOODING: I don't think the
`relationship that we have and as infrequent as I see them,
`that that would make any difference.
`MR. FINDLAY: Can you -- do you feel confident that
`if -- if you were on the jury, Ms. Gooding, and the evidence
`in your mind didn't rise to a level where Maxell had proven
`infringement that you could return a verdict for ZTE that
`says ZTE wins despite the fact that you know some of those
`folks?
`
`PROSPECTIVE JUROR GOODING: Yes, I -- yes.
`MR. FINDLAY: Okay.
`PROSPECTIVE JUROR GOODING: I could be fair, yes.
`MR. FINDLAY: Okay. Thank you, ma'am. I
`appreciate that.
`Anybody else? Juror No. 21, Mr. Spence?
`PROSPECTIVE JUROR SPENCE: May I ask your name
`
`again?
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`Case 5:16-cv-00179-RWS Document 230 Filed 07/02/18 Page 19 of 169 PageID #: 12438
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`MR. FINDLAY: Yes. Eric Findlay.
`PROSPECTIVE JUROR SPENCE: Findlay, okay.
`MR. FINDLAY: Do you think you know me?
`PROSPECTIVE JUROR SPENCE: You looked familiar.
`This is going to sound awfully awkward, but did you buy a
`puppy in Redwater a couple of years ago?
`MR. FINDLAY: I did not. My --
`PROSPECTIVE JUROR SPENCE: You look just like him.
`MR. FINDLAY: I -- did you say did I buy a puppy?
`PROSPECTIVE JUROR SPENCE: Yes.
`MR. FINDLAY: My -- I would be a divorced man had I
`bought a puppy.
`PROSPECTIVE JUROR SPENCE: Well, I also was
`represented by Nick Patton at one time. I wanted to let you
`know that.
`MR. FINDLAY: Okay. Was that for a -- what kind of
`matter was that?
`PROSPECTIVE JUROR SPENCE: It was malpractice. And
`it will in no way affect my judgment on this case in either
`way.
`
`MR. FINDLAY: Okay. How long ago was that? Do you
`recall, Mr. Spence?
`PROSPECTIVE JUROR SPENCE: 26 years ago.
`MR. FINDLAY: So a while ago.
`All right. Thank you very much.
`
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`Case 5:16-cv-00179-RWS Document 230 Filed 07/02/18 Page 20 of 169 PageID #: 12439
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`What kind of puppy was it?
`PROSPECTIVE JUROR SPENCE: Bloodhound.
`MR. FINDLAY: Okay. Wasn't me, but thank you.
`One of the jurors who I think was let go for a
`hardship reason was Juror No. 13, Ms. McCuller. And
`Ms. McCuller told us that -- I think she indicated that after
`she had gotten the questionnaire she went and did a little
`research, which is totally fine.
`The Judge doesn't want anybody to do that now
`because he wants the evidence that you hear only to come from
`the courtroom. But she had done some before she got here.
`Has anybody else, when you got the questionnaire,
`is there anyone else who it made you curious, you got online,
`you said, I want to know about that Maxell or I want to know
`about these folks or I want to know about this? Anybody
`else? Raise your hand if you did that.
`Yes, ma'am, No. 32, Ms. Bollman. Without -- we
`don't want to know what you -- what you found out
`necessarily. We can talk about that later because, again, as
`the Judge has indicated, any evidence you hear should come
`just from within the courtroom. But can you tell me what
`sort of research you did?
`PROSPECTIVE JUROR BOLLMAN: One of the questions
`asked if I had used their products or any association with
`them, and I didn't know who they were, so I just looked it up
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`Case 5:16-cv-00179-RWS Document 230 Filed 07/02/18 Page 21 of 169 PageID #: 12440
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`to see, you know, what the companies were.
`MR. FINDLAY: All right. Thank you, ma'am, very
`
`much.
`
`Anybody else other than -- Ms. McCuller isn't here
`any longer, but other than Ms. -- Ms. Bollman, who did any
`research, looking? And it's fine if you did. There's
`nothing wrong with that, but we just would want to know about
`it.
`
`No? Thank you.
`Let me ask you a little -- kind of a similar
`question. Did anybody -- maybe you didn't do any research.
`Did anybody kind of tell your friends or talk to somebody
`about the questionnaire? It's kind of an unusual thing.
`It's kind of a strange thing to get it in the mail and be
`asked to fill out. Did anybody talk with any of their
`friends or family about it?
`Ms. -- two folks, I think, Ms. Bollman. Can you
`tell us just briefly who you visited with or...
`PROSPECTIVE JUROR BOLLMAN: I just asked my dad
`over Father's Day if he had ever served on federal court and
`just explained all the extensive paperwork and rules that I
`had gotten because I had not experienced it before.
`MR. FINDLAY: Okay. Thank you, ma'am.
`Mr. Glover, I think you were raising your hand.
`Sorry to make you get up again.
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`Case 5:16-cv-00179-RWS Document 230 Filed 07/02/18 Page 22 of 169 PageID #: 12441
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`PROSPECTIVE JUROR GLOVER: When I received the
`questionnaire, I read through it before I answered anything,
`and I did show it to my wife and my youngest son. Some of
`the questions were kind of off-the-wall, so we got a chuckle
`about that.
`And then I did ask my brother over Father's Day if
`Hitachi, Ltd., and anybody related to that was part of that
`questionnaire.
`MR. FINDLAY: Okay. So -- and this is the brother
`that works for Hitachi; is that right?
`PROSPECTIVE JUROR GLOVER: Yes.
`MR. FINDLAY: Okay. Thank you, Mr. Glover, very
`
`much.
`
`Anybody else have a similar experience or
`discussion?
`I think down -- Mr. Davis and then I think
`Ms. Meredith.
`PROSPECTIVE JUROR DAVIS: Well, I mean, I did find
`the questionnaire interesting. And I was looking at it more
`from the standpoint of what you were trying to figure out. I
`mean, it obviously tells a lot about you --
`MR. FINDLAY: Yes, sir.
`PROSPECTIVE JUROR DAVIS: -- when you answer those
`questions. I mean, I -- I didn't even pay any attention to
`the companies that were involved. I was looking at the
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`Case 5:16-cv-00179-RWS Document 230 Filed 07/02/18 Page 23 of 169 PageID #: 12442
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`23
`
`questions and just thought it was interesting, some of the
`questions that were asked.
`MR. FINDLAY: All right. Thank you, sir.
`Ms. Meredith, did you raise your hand?
`PROSPECTIVE JUROR MEREDITH: Yes. I discussed it
`with my husband because some of the questions -- well, both
`questionnaires, they were kind of redundant. And so we
`discussed it, and I was filling it out while I was
`volunteering at the hospital.
`MR. FINDLAY: Fair enough. Thank you very much.
`And I hope -- I think the Judge has indicated it.
`I hope you know that the parties together came up with that
`questionnaire. And we do not -- I know I can speak for
`Maxell and ZTE. There's no intention to rudely pry into your
`private matters.
`It's just, as the Judge has said, and as Maxell's
`counsel has said, too, we want to make sure that we get the
`right jury for this case. So thank you very much.
`A -- a good number of you -- back to the question
`in that -- on that questionnaire, a good number of you said
`that you get a lot of your news or all of your news from the
`Internet. I think there were about 19 or 20 of you.
`I'd like to pick on a couple folks and just get an
`idea of -- of what you do. And to give you an example, I can
`tell you when I get up in the morning, probably the first
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`Case 5:16-cv-00179-RWS Document 230 Filed 07/02/18 Page 24 of 169 PageID #: 12443
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`thing I do -- it drives my wife crazy -- I grab the phone,
`and I go look at three or four different news sites because
`I'm a news junkie.
`I want to know, goodness, what has President Trump
`done since I went to bed last night or what has happened here
`since I went to bed last night or what -- who has said what.
`So can I have a show of hands of who gets a lot of
`their news from the Internet?
`Okay. I'm going to pick on a couple folks.
`Mr. McNeil, can I ask you about that?
`PROSPECTIVE JUROR MCNEIL: Yes, sir.
`MR. FINDLAY: All right. Thank you, sir.
`PROSPECTIVE JUROR MCNEIL: You have a captured
`audience, isn't it?
`MR. FINDLAY: A little bit. Sorry.
`But any news sites in particular that you like to
`visit or you like to look at?
`PROSPECTIVE JUROR MCNEIL: Usually, I use Yahoo! to
`get their mail.
`MR. FINDLAY: Okay.
`PROSPECTIVE JUROR MCNEIL: Their news in the
`
`morning.
`
`MR. FINDLAY: All right. Thank you, sir.
`Ms. Petty, I think you raised your hand.
`Just any particular news sites, ones that you
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`usually check or anything in particular?
`PROSPECTIVE JUROR PETTY: My tablet has a daily
`news kind of -- I don't know if it's a widget or an app, but,
`anyway, you choose what news that you get it from, and I have
`conservative and -- I try to get like a mixed --
`MR. FINDLAY: Sure. Okay. Fair enough. Thank you
`very much.
`PROSPECTIVE JUROR PETTY: It just pops up every
`
`day.
`
`MR. FINDLAY: And did you also mention, I think in
`your questionnaire, that you know a patent lawyer?
`PROSPECTIVE JUROR PETTY: I do.
`MR. FINDLAY: Okay. What kind of patent work does
`he do, if you can tell us?
`PROSPECTIVE JUROR PETTY: I don't know. I just
`know he's a patent lawyer.
`MR. FINDLAY: Okay. Do you know what his name is,
`or can you give us his name?
`PROSPECTIVE JUROR PETTY: I do know his name.
`MR. FINDLAY: That's fine. That's okay. Thank
`
`you.
`
`PROSPECTIVE JUROR PETTY: Peter Corcoran out of
`Texarkana.
`MR. FINDLAY: Yeah. Okay. Yeah, I know him.
`Thank you.
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`PROSPECTIVE JUROR PETTY: You're welcome.
`Is that all?
`MR. FINDLAY: Yes. I'm sorry, ma'am. Thank you
`very much.
`Who else had their hand up with regard to news and
`the Internet? Let me pick on somebody we haven't talked to
`very much.
`Mr. Hooks, let's talk to you for a little bit.
`What -- any news sources in particular you go to on the
`Internet?
`PROSPECTIVE JUROR HOOKS: Well, no. My e-mail is
`AOL, and --
`MR. FINDLAY: Yes, sir.
`PROSPECTIVE JUROR HOOKS: -- when you first open it
`up, it just have all kind of news stories there for you to
`choose from, and I go all over the place.
`MR. FINDLAY: Okay. Fair enough. Thank you, sir.
`How about -- I'll pick on somebody from this
`section. Let's get somebody -- Ms. -- sorry -- Ms. Robinson.
`PROSPECTIVE JUROR ROBINSON: I like to start with
`local news, so, like, I'll look at KSLA or KLTV, and then I
`look at some news out of the Metroplex, like WFAA.
`MR. FINDLAY:
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