Case 5:19-cv-00036-RWS Document 665 Filed 03/17/21 Page 1 of 5 PageID #: 33339
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
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`MAXELL, LTD.,
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`Plaintiff,
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`v.
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`APPLE INC.,
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`Defendant.
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`CIVIL ACTION NO. 5:19-CV-00036-RWS
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`ORDER
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`Jury selection in this matter is scheduled to begin at 9:30 a.m. on March 22, 2021, in
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`Texarkana, Texas, before the undersigned. Trial is scheduled to begin at 9:00 a.m. the following
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`day.
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`1.
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`The parties have filed their initial proposed jury instructions. In light of the parties’
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`further narrowing of the asserted claims and defenses, the parties are ORDERED to meet and
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`confer and attempt to resolve any outstanding disputes regarding jury instructions. No later than
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`noon on Friday, March 19, 2021, joint final proposed jury instructions and verdict form should
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`be filed electronically via ECF and should also be sent to the Court in word processing format to
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`the following email address: Susan_Stradley@txed.uscourts.gov.
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`2.
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`Exhibit lists should be finalized and filed electronically via ECF no later than 5
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`p.m. on March 19, 2021. An exhibit on a party’s pre-admitted exhibit list does not become part
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`of the trial record unless it is used at trial and the corresponding exhibit number is read into the
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`record. The parties will be given an opportunity to read exhibit numbers into the record before or
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`at the conclusion of each trial day.
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`3.
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`Witness lists should be finalized and filed electronically via ECF no later than 5
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`p.m. on March 19, 2021. Witness lists should reflect whether a witness will be testifying remotely
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`or in person.
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`4.
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`Jury selection will consist of a morning session involving 20 persons and an
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`afternoon session involving 20 persons. The afternoon session will begin at approximately 2:30
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`p.m. The jury will consist of eight (8) persons. All members of the jury venire called for the trial
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`will be subject to voir dire. Counsel will conduct voir dire with forty-five (45) minutes per side
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`per session.
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`5.
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`After each session, any party having any challenge for cause shall raise its cause
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`challenges with the Court. The Court will also address hardship issues after each session. After
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`resolving the parties’ cause challenges and any hardship issues with the afternoon panel, the Court
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`will take a 10-minute recess for the parties to exercise their peremptory challenges on the entire
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`panel. The parties will be allowed to exercise up to three (3) peremptory challenges per side.
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`The challenges will be exercised simultaneously by the parties, i.e., by the “blind strike” system.
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`Jury selection will take the entire day.
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`6.
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`Trial will begin at 9:00 a.m. on March 23, 2021. The Court will give preliminary
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`instructions to the jury. The case will then be called for trial.
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`7.
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`The parties have the option of providing jury notebooks. If provided, the jurors
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`will have the notebooks with them during trial. An example juror notebook might contain (1) the
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`patents-in-suit; (2) witness pages for each witness who will testify at trial, with a head and
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`shoulders photo of the witness at the top of each page, name underneath, and ruled lines below for
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`the jurors to take notes. Witness pages should not distinguish between Plaintiffs’ and Defendant’s
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`witnesses, or otherwise identify the witnesses beyond proper names; (3) a three-hole-punched and
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`lined notepad; and (4) a pen. The parties may include other potentially helpful materials, within
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`reasonable bounds of volume, upon which the parties can agree. The parties are ORDERED to
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`send one copy of the agreed juror notebook to Judge Schroeder’s chambers in Texarkana, Texas,
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`by 5 p.m. on Friday, March 19, 2021. The Court will let the parties know if modifications need
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`to be made to the notebooks before the parties provide ten (10) copies of the notebooks to Judge
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`Schroeder’s chambers on Tuesday, March 23, 2021.
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`8.
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`The parties will be permitted a maximum of forty-five (45) minutes per side for
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`opening statements.
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`9.
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`The parties will be permitted a maximum of eighteen (18) hours per side for direct
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`and cross-examination.
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`10.
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`Each witness will be questioned on direct examination by only one attorney, and
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`only one attorney will be responsible for cross-examination of that witness. Only the attorneys
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`who are responsible for examining and cross-examining a witness will participate in making and
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`responding to objections regarding that witness’s testimony.
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`11.
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`Proceedings will begin promptly at 9:00 a.m. and continue until approximately 5:00
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`p.m. each day.
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`12.
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`The Court will be available before the beginning of trial each day to deal with
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`evidentiary questions or other procedural matters. The Court will also be available at the end of
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`the trial day to address any matters that need resolution at that time. If the parties are aware in
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`advance of any such matter that needs to be addressed either before or after the court session, they
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`should advise the law clerk and give notice to all other parties.
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`13.
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`The parties are reminded to follow the General Order Regarding Courthouse
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`Security Policies (General Order 18-06).
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`14.
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`Any written dispute a party expects to raise with the Court before a trial day,
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`including but not limited to disputes regarding exhibits and demonstratives, SHALL be submitted
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`to the Court by 10 p.m. the preceding evening. Any response shall be submitted by 7 a.m. the
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`following morning. Submissions shall be made via filings on ECF and/or via email to the law
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`clerk. The parties are required to meet and confer, although not in person, before submitting a
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`dispute to the Court.
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`15.
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`Prior to closing arguments, the Court will conduct a charge conference and review
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`the parties’ objections and proposals regarding jury instructions. Objections to the Court’s jury
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`charge must be made during that conference with a statement of the reasons for each objection. If
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`a party objects to an aspect of the charge, a party must propose alternative charge language that
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`would cure the objectionable aspect of the instruction.
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`16.
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`Closing arguments will be limited to forty-five (45) minutes per side. The Court
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`may adjust the parties’ closing argument time to one (1) hour, if necessary. Plaintiff may reserve
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`one-third of its time for rebuttal argument.
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`17.
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`A written copy of the charge will be given to the jury during deliberations. During
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`deliberations, the parties will be expected to remain near the courthouse and accessible by phone
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`unless released by the Court. The parties may pack up their exhibits during deliberations but are
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`expected to be able to provide additional copies of any exhibits or demonstratives presented at trial
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`if requested by the jury during their deliberations. The parties are instructed to provide Judge
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`Schroeder’s courtroom deputy with a cell phone number at which they can be reached.
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`18.
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`In the event of settlement, the parties shall promptly notify the Court via electronic
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`filing or email.
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