`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TEXARKANA DIVISION
`
`MAXELL, LTD.
`
`
`
`V.
`
`§
`§
`§
`APPLE, INC.
`______________________________________________________________________________
`MINUTES FOR MOTION HEARING
`HELD BEFORE JUDGE ROBERT W. SCHROEDER III
`SEPTEMBER 17, 2019
`
`CAUSE NO. 5:19-CV-00036-RWS
`
`
`§§
`
`ADJOURN: 2:52 p.m.
`OPEN: 10:02 a.m.
`_____________________________________________________________________________
`ATTORNEYS FOR PLAINTIFF:
`Jamie Beaber, Geoff Culbertson, James Fussell, Kfir Levy
`and Kelly Tidwell
`
`ATTORNEYS FOR DEFENDANT: LuAnn Simmons, Melissa Smith, Andrew Stein and
`Vincent Zhon
`
`LAW CLERK:
`
`Wills Collier
`
`COURTROOM DEPUTY:
`
`Shedera Combs
`
`Anna Lafrenz
`COURT REPORTER:
`______________________________________________________________________________
`
`10:02 a.m.
`
`10:04 a.m.
`
`Case called; Parties make introductions and announce ready; Court welcomes
`everyone
`
`Geoff Culbertson introduces Maxell representatives and addresses issues which
`will require sealing of the courtroom; LuAnn Simmons confirms; James Fussell
`clarifies reasoning for need to seal the courtroom and how that will be handled
`
`10:05 a.m. Ms. Simmons argues motion to transfer
`
`10:07 a.m.
`
`Courtroom sealed
`
`10:24 a.m.
`
`Court questions; Ms. Simmons responds
`
`10:27 a.m. Mr. Fussell responds re motion to transfer
`
`10:48 a.m. Ms. Simmons responds re motion to transfer
`
`
`
`Case 5:19-cv-00036-RWS Document 80 Filed 09/18/19 Page 2 of 3 PageID #: 3992
`
`10:53 a.m. Mr. Fussell responds re motion to transfer
`
`10:54 a.m.
`
`Courtroom unsealed
`
`10:55 a.m. Ms. Simmons continues argument re motion to transfer
`
`10:57 a.m.
`
`Court questions re unrebutted document location; Ms. Simmons responds
`
`10:59 a.m.
`
`Court questions re unrebutted technical evidence located in NDCA; Ms. Simmons
`responds
`
`11:00 a.m. Ms. Simmons requests to seal the courtroom due to identities of Apple witnesses;
`Mr. Culbertson responds; Court will allow redaction motion to be filed after
`hearing
`
`11:04 a.m.
`
`Court questions re document location when referring to servers; Ms. Simmons
`responds
`
`11:11 a.m. Ms. Simmons requests argument on next two slides to be sealed; Court allows
`
`11:16 a.m.
`
`Court questions re Apple witness from Texas; Ms. Simmons responds
`
`11:18 a.m. Mr. Culbertson responds re motion to transfer on 1404 factors
`
`11:26 a.m.
`
`Court questions re MRDA offices; Mr. Culbertson responds; Court asks if this is
`in the records; Mr. Culbertson responds
`
`11:30 a.m.
`
`Court questions re components; Mr. Culbertson responds
`
`11:36 a.m.
`
`Court questions re witnesses; Mr. Culbertson responds
`
`11:49 a.m. Ms. Simmons responds re motion to transfer
`
`11:58 a.m. Mr. Culbertson responds re motion to transfer
`
`11:59 a.m.
`
`Court inquires re motion to compel; Kfir Levy responds; Court will break for
`lunch and resume at 1:15 p.m.
`
`12:00 p.m.
`
`Recess
`
`1:16 p.m.
`
`Court will hear Maxell’s motion to compel
`
`1:17 p.m.
`
`Mr. Levy argues motion to compel
`
`1:30 p.m.
`
`Court questions re what documents Apple has not produced; Mr. Levy responds
`
`
`
`Case 5:19-cv-00036-RWS Document 80 Filed 09/18/19 Page 3 of 3 PageID #: 3993
`
`1:34 p.m.
`
`Court questions re expert discovery; Mr. Levy responds
`
`1:44 p.m.
`
`Melissa Smith states this information is under seal; Mr. Levy responds; Court asks
`if courtroom needs to be sealed; Mr. Levy responds; Ms. Smith responds
`
`1:46 p.m.
`
`Court questions re future sales; Mr. Levy responds
`
`1:48 p.m.
`
`Mr. Levy requests to seal the courtroom
`
`1:48 p.m.
`
`Courtroom sealed
`
`1:58 p.m.
`
`Courtroom unsealed
`
`2:00 p.m.
`
`Ms. Smith responds re motion to compel
`
`2:05 p.m.
`
`Court questions re meet and confer; Ms. Smith responds; Court questions re
`Plaintiff’s slide #7 (document production); Ms. Smith responds
`
`2:10 p.m.
`
`Court questions re Apple technical documents; Ms. Smith responds
`
`2:18 p.m.
`
`Court questions re licenses production; Ms. Smith responds
`
`2:19 p.m.
`
`Court questions re technical documents; Ms. Smith responds
`
`2:22 p.m.
`
`Court questions re commercial customers; Ms. Smith responds
`
`2:27 p.m.
`
`Court questions re feasibility v. possibility; Ms. Smith responds
`
`2:30 p.m.
`
`Court questions re stipulation on future sales; Ms. Smith responds; Mr. Levy
`responds; Ms. Smith responds; Court questions re agreement; Mr. Levy responds
`
`2:33 p.m.
`
`Court questions re depositions on information being sought; Mr. Levy responds
`
`2:39 p.m.
`
`Court questions re Apple’s responses; Mr. Levy responds
`
`2:41 p.m.
`
`Court questions re technical documents; Mr. Levy responds
`
`2:45 p.m.
`
`Ms. Smith responds re motion to compel
`
`2:49 p.m.
`
`Mr. Levy responds re motion to compel
`
`2:51 p.m.
`
`Court thanks the parties and will get orders on these motions out
`
`2:52 p.m.
`
`Adjourned
`
`
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