`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`VIRNETX INC., et al
`
`V.
`
`§
`§
`§
`APPLE INC.
`______________________________________________________________________________
`
`CIVIL NO. 6:12-CV-855
`
`
`§§
`
`MINUTES FOR FOURTH DAY OF TRIAL
`HELD BEFORE JUDGE ROBERT W. SCHROEDER III
`OCTOBER 30, 2020
`
` ADJOURN: 4:47 p.m.
`OPEN: 8:25 a.m.
`_____________________________________________________________________________
`
`ATTORNEYS FOR PLAINTIFFS: Brad Caldwell, Justin Curry, Jason Cassidy and Johnny
`Ward
`
`ATTORNEYS FOR DEFENDANT: Mike Jones, Greg Arovas, Jeanne Heffernan, Robert
`Appleby and Leslie Schmidt
`
`LAW CLERK:
`
`Jacob Vannette
`
`COURTROOM DEPUTY:
`
`Betty Schroeder
`
`Shelly Holmes
`COURT REPORTER:
`______________________________________________________________________________
`______________________________________________________________________________
`
`8:25 a.m.
`
`Outside the presence of the Court, Mr. Summers argues Plaintiff’s objections to
`the instructions; Ms. Schmidt responds; Ms. Schmidt argues Defendant’s
`objections to the instructions; Ms. Schmidt argues Defendant’s objections to the
`verdict form; Mr. Summers responds; Court responds
`
`8:42 a.m.
`
`Recess
`
`8:51 a.m.
`
`Jury seated
`
`8:53 a.m.
`
`Mr. Arovas calls Giovanni Tobia by deposition
`
`8:59 a.m.
`
`Mr. Arovas calls Sameer Mathur by deposition
`
`
`
`Case 6:12-cv-00855-RWS Document 975 Filed 10/30/20 Page 2 of 4 PageID #: 62992
`
`9:01 a.m.
`
`Ms. Heffernan calls Christopher Bakewell; witness sworn in
`
`9:01 a.m.
`
`Ms. Heffernan begins direct examination of Mr. Bakewell
`
`9:09 a.m.
`
`Ms. Heffernan offers Mr. Bakewell as an expert in intellectual property valuation
`and patent damages; no objections
`
`9:53 a.m.
`
`Objection by Mr. Ward; Ms. Heffernan responds; Court responds - overruled
`
`10:13 a.m.
`
`Objection by Mr. Ward; Court - overruled
`
`10:20 a.m. Mr. Ward begins cross examination of Mr. Bakewell
`
`10:39 a.m.
`
`Objection by Ms. Heffernan; bench conference
`
`10:40 a.m. Mr. Ward continues with cross examination
`
`10:42 a.m.
`
`Bench conference
`
`10:44 a.m. Mr. Ward continues with cross examination
`
`11:19 a.m.
`
`Objection by Ms. Heffernan; Court - rephrase the question
`
`11:38 a.m.
`
`Bench conference
`
`11:39 a.m. Mr. Ward continues with cross examination
`
`11:44 a.m.
`
`Bench conference
`
`11:45 a.m.
`
`Jury excused for lunch
`
`11:46 a.m.
`
`Recess
`
`12:53 p.m.
`
`Jury seated
`
`12:55 p.m. Ms. Heffernan advises she has no additional questions for Mr. Bakewell
`
`12:56 a.m. Ms. Heffernan moves into the record demonstrative exhibits; no objections; Ms.
`Heffernan moves into evidence exhibits used; no objections; Mr. Cassady moves
`to admit PX1236; Ms. Heffernan may have an objection
`
`12:29 p.m.
`
`Bench conference
`
`1:02 p.m.
`
`Court questions the Plaintiff if they are ready to rest their case; Mr. Caldwell
`rsponds; Ms. Heffernan has no objection to Plaintiff’s PX1236; Mr. Caldwell
`
`
`
`Case 6:12-cv-00855-RWS Document 975 Filed 10/30/20 Page 3 of 4 PageID #: 62993
`
`announces that Plaintiff will rest; Mr. Arovas advises that Defendant rest
`
`1:05 p.m.
`
`Jury excused
`
`1:05 p.m.
`
`Outside the presence of the jury, the Court and parties discuss the filing of
`JMOLs, final instructions and verdict form
`
`1:10 p.m.
`
`Recess
`
`1:19 p.m.
`
`Jury seated
`
`1:20 p.m
`
`Court gives final instructions to jury and brief review of verdict form
`
`1:57 p.m.
`
`Mr. Ward begins closing argument for Plaintiff
`
`2:17 p.m.
`
`Mr. Arovas gives closing argument for Defendant
`
`2:49 p.m.
`
`Mr. Caldwell concludes Plaintiff’s closing argument
`
`3:01 p.m.
`
`Court releases jury to deliberate
`
`3:03 p.m.
`
`Recess
`
`4:32 p.m.
`
`Outside the presence of the jury, the Court announces that a verdict has been
`reached and the parties have reviewed the verdict and the math is correct; Mr
`Caldwell and Mr. Arovas agree that the math is correct
`
`4:35 p.m.
`
`Jury seated
`
`4:35 p.m.
`
`Court questions the jury if they have reached a verdict and if it is unanimous;
`foreperson states they have reached a verdict and it is unanimous
`
`4:42 p.m.
`
`Jury released
`
`4:43 p.m.
`
`Court gives the parties dates for possible post-trial hearing and thanks the
`attorneys for a well tried case
`
`4:47 p.m.
`
`Adjourned
`
`
`4:36 p.m.
`
`Verdict read
`
`4:37 p.m.
`
`Court polls the jury; each member of the jury stands
`
`4:38 p.m.
`
`Verdict confirmed and accepted
`
`
`
`Case 6:12-cv-00855-RWS Document 975 Filed 10/30/20 Page 4 of 4 PageID #: 62994
`
`4:38 p.m.
`
`Court thanks the jury for their service and releases them from not speaking to
`anyone about the case
`
`
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