Case 1:20-cv-00692-ADA Document 469 Filed 01/05/24 Page 1 of 10
`Case 1:20-cv-00692-ADA Document 469 Filed 01/05/24 Page 1 of 10
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`RAVGEN,INC.,
`
`TRICT COURT
`
`IN THE UNITED STATES DISTRICT COURT
`10
`FOR THE WESTERN DISTRICT OF TEXAS
`JAM OS 2024
`AUSTIN DIVISION
`CLERK, U.S. DIS
`WESTER
`N
`ICT OF TEXAS
`ey
`
`
`
`
`
`Plaintiff,
`
`Vv.
`
`Civil Action No. 1:20-cv-000692-ADA
`
`JURY TRIAL DEMANDED
`
`NATERA,INC. and NSTX,INC.,
`
`
`
`Defendants.
`
`PRELIMINARY JURY INSTRUCTIONS
`
`PRELIMINARY JURY INSTRUCTIONNO. 1: INTRODUCTION
`
`MEMBERSOF THE JURY:
`
`You have now been sworn to try this case. As the judge, I will decide all questions of law and
`procedure. As the jury, you are the judges ofthe facts. At the end ofthetrial, I will instruct you on
`the rules of law that you must apply to the facts as you find them.
`
`You may take notes during the trial. But do not allow your note-taking to distract you from
`listening to the testimony. Your notes are an aid to your memory. If your memory should later be
`different from your notes, you should rely on your memory. Do not be unduly influenced by the
`notes of other jurors. A juror’s notes are not entitled to any greater weight than each juror’s
`recollection of the testimony and evidence.
`
`Until this trial is over, do not discuss this case with anyone and do not permit anyone to discuss
`this case in your presence. This includes everyone you know: your spouse, children, relatives,
`friends, coworkers, anyone you deal with during the day. During your jury service, you must not
`communicate any information about this case by any means or with the tools of technology. For
`example, do not talk face-to-face or use any electronic device or media, such as the telephone, a
`cell or smart phone, camera, recording device, Blackberry, PDA, computer, the Internet, any
`Internet service, any text or instant messaging service, any Internet chat room, blog, or website
`such as Facebook, MySpace, YouTube, SnapChat, Instagram, X (formerly Twitter), TikTok, or
`any other way to communicate to anyone any information aboutthis case.
`
`You may not communicate to anyone any information until this case is over, and I have accepted
`your verdict.
`
`Do not even discuss this case amongst yourselves or with other jurors until the end of the case
`whenI release you to deliberate.
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`It is unfair to discuss the case before then because you won’t have all the evidence in. And you
`must haveit all in, because you must never become an advocate for one side or the other.
`
`The parties, the witnesses, the attorneys, and everyone associated with the case are not permitted
`to communicate with you at any time, as in if they happen to see you, they’re not even permitted
`to tell you hello. They are not trying to be impolite. They are simply following myinstructions.
`
`Do not speak with anyone else in or around the courthouse other than your fellow jurors or court
`personnel. You cannot speak aboutthe case.
`
`Do not conduct any independent investigation of this case. You must make your decision on your
`verdict exclusively from what you see and hear within this courtroom.
`Donot try to obtain
`information about the case from any other source. In particular, you may not use any electronic
`device or media, such as a telephone, cell phone, smartphone, or computer to research any issue
`that might be related to this case. Do not go online or read any newspaper accountofthis trial or
`listen to any radio or television newscast aboutit in any format. Do notvisit or view any place that
`might be discussed in this case and do not use Internet programsor other devices to search for or
`to view any place that is discussed in the testimony. In sum, you may not research any information
`aboutthis case, the law, or the people involved, including the parties, the witnesses, the lawyers,
`or myself until after you have been excused as jurors.
`
`There are someissues of law or procedure that I must decide that the attorneys and I mustdiscuss.
`These issues are not part of what you must decide and they are dealt with outside your presence.
`To avoid having you leave the courtroom and to save time, J may discuss these issues with the
`attorneys at the bench, or even out loud, to give them some information they need. It doesn’t have
`anything to do with the merits of the trial in any way.
`
`If the discussions require more time, I may have you leave the courtroom until the lawyers and I
`resolve the issues.
`I will try to keep these interruptions as few andas brief as possible.
`
`Do not consider the fact that either I permit a conference to happen or I do not, or the fact that we
`had a conference, to influence you in any way about how I might feel about this case. The parties
`could have allowed meto try this case, but they elected not to do that. They have elected to have
`each of you comehere andserve as a jury oftheir peers. That meansthat as far as you’re concerned
`and I’m concernedin this case, I have no opinion about any issue that they are going to present to
`you.
`
`I care aboutthe legal issues and getting this right legally, but every decision that’s to be made here
`with respect to the facts is exclusively in your purview as a juror. Youare the judgesofthe facts.
`Myopinion does not matteratall.
`
`Finally, keep an open mind during the entire trial. Do not decide the case until you have heardall
`of the evidence, my instructions, and the closing arguments.
`
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`PRELIMINARY JURY INSTRUCTIONNO. 2: PATENTS GENERALLY
`
`This is a patent case. The patent involved in this case generally relates to sample collection for
`tests that detect or sequencecell-free nucleic acids (e.g., DNA) circulating in blood. The patent
`will be explained in muchgreater detail by the witnesses, and the opening statements and closing
`arguments that you will hear.
`
`The plaintiff is Ravgen, Inc. You will probably hear them referred to throughoutthe courseof the
`trial as Ravgen for short. They are the ownerofthe patent in this case whichis identified as U.S.
`Patent Number 7,332,277 and which names Dr. Ravinder S. Dhallan as the inventor, who
`transferred his interest to Ravgen. For your convenience,the parties and I will often refer to U.S.
`Patent Number 7,332,277 by the last three numbers of the patent number, namely, the ’277 patent.
`You mayalso hear the patent referred to as the Ravgen patent or the Asserted Patent.
`
`The defendants are Natera, Inc. and NSTX,Inc. Theparties andI will often refer to the defendants
`collectively as Natera.
`
`PRELIMINARY JURY INSTRUCTION NO.3: UNITED STATES PATENTS
`OVERVIEW
`
`Patents in the United States are granted by the United States Patent and Trademark Office. You
`might hear them referred to during thetrial as the PTO or USPTO.A patent gives the owner the
`right to exclude others from making, using, offering to sell, selling the invention claimed by the
`patent within the United States or importing it into the United States.
`
`During thetrial, the parties may offer testimony to familiarize you with how oneobtains a patent
`from the PTO,but I will give you a general backgroundhere.
`
`To obtain a patent, an application for the patent must be filed with the PTO by an applicant or an
`inventor.
`
`The application includes whatis called a “specification.” This specification includes a written
`description of the invention, how it works, and how to make and useit to enable others skilled in
`the art to do so. The specification concludes with one or more numbered paragraphs.
`
`These are the “claims” of the patent. The purpose of the claimsis to particularly identify what the
`claimed invention is and to define the scope of the patent owner’s exclusive rights under each
`patent.
`
`After an application for a patent is filed with the PTO, the application is taken and reviewed by a
`person whohas thetitle of Patent Examiner. A Patent Examiner is a person who, generally
`speaking, is trained in a specific technological area. The Patent Examiner reviews(or, another
`way to saying “review” in the patent world is “examines”) the patent application to determine
`whetheror not the claims that the applicant has provided to the PTO are patentable and whether
`or not the specification adequately describes what the claimed inventionis.
`
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`Whenthe Patent Examiner examines the patent application, the Patent Examiner searches records
`available to the Patent Office to find whatis referred to as “priorart,” and he or she also reviews
`prior art submitted by the applicant.
`
`Generally speaking, prior art is previously existing technical information and knowledge which
`Patent Examiners consider to determine whetheror not the claimsin the application are patentable.
`The Patent Examiner considers, among other things, whether each claim defines an invention that
`is new and useful based on what had comebefore it. That would be called prior art. The Patent
`Examiner also may consider whether the claims are directed to subject matter that is noteligible
`for patenting. The Patent Examiner also may consider whetherthe claims are not indefinite and
`are adequately enabled and described by the applicant’s specification.
`
`Following the prior art search and examinationofthe application, the Patent Examiner advised the
`applicant in writing what the Patent Examiner found and whether or not he or she believes each
`claim is patentable (in other words, whether it will be “allowed”as a patent).
`
`The Patent Examinercan decide to accept or reject one or more of the proposed claims that have
`been provided to him or her. The applicant, the person seeking the patent, then responds to what
`is called the Office Action. The applicant, the person seeking the patent, then responds to whatis
`called the Office Action. The applicant can submit new claims. The applicant can change the
`wordsin the claims. The applicant can submit new claims. The applicant can make arguments to
`the Patent Examinerto get around or overcomethat rejection. This process can go back and forth
`between the Patent Examiner and the applicant for monthsor even years until the Patent Examiner
`is satisfied with the application, and he or she decides that the claimsare patentable. At that point
`upon paymentofan issue fee by the applicant, the PTO then “issues”or “grants” a patent with the
`claims the examinerand the Patent Office have allowed.
`
`The fact that the PTO grants a patent does not necessarily mean that any invention claimed in the
`patent, in fact, deserves the protection of a patent. For example, the PTO may not have had
`available to it all other prior art that will be presented to you. In addition, there is the possibility
`that mistakes were madeor that information was overlooked. Examiners have a lot of work to do
`and no processis perfect.
`
`Also, unlike a court proceeding, patent prosecution takes place without input from those who are
`later alleged to infringe the patent. For example, here, Natera was not allowed to participate in the
`prosecution processor present any prior art to the patent examiner. That is why Naterain this case
`has the right to argue in front ofyou that the claimed invention in the ’277patent is invalid, because
`it fails to meet the requirementsofa patent.
`
`It will be your job as the jurors to consider the evidence that was presented by the parties and
`determine independently whether or not Natera has proventhat the patent is invalid. The PTO,or
`patent office, does not consider or decide issues of infringement with respect to a patent.
`
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`PRELIMINARY JURY INSTRUCTIONNO.4: PATENT LITIGATION
`
`Someoneis said to be infringing a claim of a patent when they, without permission from the patent
`owner, import, make, use, offer to sell, or sell the claimed invention, as defined by the claims of
`the patent, within the United States before the term of the patent expires. A patent owner who
`believes someoneis infringing the exclusive rights of a patent may bring a lawsuit, just like this
`one, to recover damages, generally meaning money paid by the infringer to the patent owner to
`compensate for harm caused by the infringement.
`
`The patent owner must proveinfringementof at least one claim of the patent. The patent owner
`must also prove the amount of damages the patent owneris entitled to receive from the infringer
`as compensationfor the infringing acts.
`
`It is ultimately up to you and exclusively up to you to decide based on the law the factual question
`of whether the patent owner, in this case the plaintiff, has proven infringementof any valid patent
`claim.
`
`A party accusedofinfringing a patent may deny infringement, and/or provethat the asserted claims
`of the patent are invalid. A patent when issued is presumed to be valid.
`In other words,it is
`presumed to have been properly granted by the PTO. But that presumption of validity can be
`overcomeif clear and convincing evidence is presented in court that proves the patentis invalid.
`
`PRELIMINARY JURY INSTRUCTIONNO. 5: SUMMARY OF CONTENTIONS
`
`Duringthetrial, the parties will offer testimony from witnesses who will familiarize you with the
`relevant technology.
`
`As I said before, the parties in this case are Plaintiff Ravgen, Inc. (“Ravgen”) and Defendants
`Natera, Inc. and NSTX,Inc. (““Natera”). The case involves United States Patent Number 7,332,277
`or the °277 patent.
`
`Ravgenfiled suit in this court seeking money damages from Natera for allegedly infringing the
`°277 patent by using within the United States a test in a way that Ravgen argues is covered by
`claims 125 and 132 of the ’277 patent (for your convenience, the parties and I will often refer to
`all those together as the “Asserted Claims”).
`
`Ravgen asserts that Natera’s Panorama Noninvasive Prenatal Test infringes the Asserted Claims.
`Natera’s Panorama test may sometimesbereferred to during the trial as the “Accused Test.”
`
`Natera denies that it has infringed the Asserted Claims of the ’277 patent. Natera also argues that
`the Asserted Claimsare invalid. I will instruct you later as to the ways in which a claim or patent
`may be invalid. In general, however, a claim or patent is invalid if it is not new or is obviousin
`view ofthe state of the art at the relevant time, if it is not enabled or described adequately. Ravgen
`denies that the Asserted Claimsof the 277 patent are invalid.
`
`Your job will be to decide whether or not the Asserted Claims of the ’277 patent have been
`infringed and whether or not those claims are invalid. If you decide that any claim of the °277
`patent has been infringed andis not invalid, you will then need to decide any money damagesto
`
`5
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`be awarded to Ravgen to compensateit for the infringement. Youwill also need to make a finding
`as to whether the infringement was willful. If you decide that any infringement was willful, that
`decision should not affect any damages award you give.
`I will take willfulness into accountlater.
`
`PRELIMINARY JURY INSTRUCTION NO. 6: PATENT AT ISSUE
`
`I have already determined the meaning of the Asserted Claims. You will be given a document
`reflecting those meanings. For a claim term for which I have not provided you with a definition,
`you should apply the ordinary meaningofthat term in thefield of the patent. You are to apply my
`definitions of the terms I have construed throughout this case. However, my interpretation of the
`language of the claims should not be taken as an indication that I have a view regarding issues
`such as infringementand invalidity. Those issues are yours to decide. I will provide you with more
`detailed instructions on the meaning of the claims before youretire to deliberate your verdict.
`
`PRELIMINARY JURY INSTRUCTION NO.7: OVERVIEW OF APPLICABLE LAW
`
`In deciding the issues I just discussed, you will be asked to consider specific legal standards.I will
`give you an overview ofthose standards now and will review them in more detail before the case
`is submitted to you for your verdict.
`
`Thefirst issue you will be asked to decide is whether Natera has infringed the claims of the ’277
`patent. Infringement is assessed on a claim-by-claim basis. Therefore, there may be infringement
`as to one claim but not infringementas to another. In general, to prove direct infringement, Ravgen
`must prove by a preponderance of the evidence that Natera used in the United States a test in a
`manner meeting all the requirements of an Asserted Claim.
`
`I will provide you with more detailed instructions on the requirements for infringement at the
`conclusion ofthe case.
`
`Anotherissue you will be asked to decide is whether the °277 patent is invalid. A patent when
`issued is presumedto be valid. In other words, it is presumed to have been properly granted by the
`PTO. But the presumption of validity can be overcomeif there is clear and convincing evidence
`presented in Court that proves that the patentis invalid.
`
`A patent may be invalid for a numberof reasons, including because it claims subject matter that is
`obvious, it is not enabled or described adequately. Even though every element of a claim is not
`shown orsufficiently described in a single piece of “priorart,” the claim maystill be invalid ifit
`is shown by clear and convincing evidencethat it would have been obviousto a person ofordinary
`skill in the field oftechnology ofthe patent at the relevant time. You will need to consider a number
`of questions in deciding whether the invention(s) of the Asserted Claims are obvious.
`
`Another way that a claim may be invalid is that it is not adequately described in the patent’s
`specification. For a claim to be invalid becauseit lacks written description, Natera must show, by
`clear and convincing evidence,that one of ordinary skill in the art reading the patent specification
`as of the invention date would not have recognizedthat it describes the full scope of the invention
`as it is finally claimed in the claims of the Asserted Patents.
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`Another way that a claim may beinvalid is that it is not enabled by the specification. For a claim
`to be invalid because it is not enabled, Natera must show, by clear and convincing evidence, that
`it would have required undue experimentation by oneofordinary skill in the art to practice the full
`scope of the claim.
`
`I will provide you detailed instructions on these questions at the conclusion ofthe case.
`
`If you decide that any Asserted Claim has beeninfringed and is not invalid, you will then need to
`decide any money damagesto be awarded to Ravgen to compensateit for the infringement. You
`will also need to decide whether Natera’s infringement of the Asserted Patent has been willful. A
`damages award should put Ravgen in approximately the same financial position that it would have
`been in had the infringement not occurred, but in no event may the damages award beless than
`what Ravgen would have received had it been paid a reasonable royalty. I will instruct you later
`on the meaning of a reasonable royalty. The damages you award are meant to compensate Ravgen
`and not to punish Natera. You maynotinclude in your award any additional amount as a fine or
`penalty in order to punish Natera. I will give you more detailed instructions on the calculation of
`damagesat the conclusion ofthe case.
`
`PRELIMINARY JURY INSTRUCTIONNO. 8: OUTLINE OF TRIAL
`
`Thetrial will begin shortly. First, each side may make an opening statement. An opening statement
`is not evidence.It is simply an opportunity for the lawyers to explain what they expect the evidence
`will show.
`
`its case through witness testimony and
`After the opening statements, Ravgen will present
`documentary or other evidence. Next, Natera will have an opportunity to present its case. Ravgen
`may then present rebuttal evidence. After all the evidence is introduced,I will instruct you on the
`law that applies to this case. The lawyers will then make closing arguments. Closing arguments
`are not evidence, but rather the attorneys’ interpretations of what the evidence has shown or not
`shown. Finally, after closing arguments, you will go into the jury room to deliberate to reach a
`verdict.
`
`PRELIMINARY JURY INSTRUCTIONNO.9: EVIDENCE
`
`The evidence you will hear consists of the testimony of the witnesses, the documents, and other
`exhibits admitted into evidence, the stipulations to which the lawyers agreed, and any fair
`inferences and reasonable conclusions you can draw from the facts and circumstances that have
`been proven. Nothing else is evidence.
`
`Generally speaking, there are two types of evidence. One is direct evidence, such as testimony of
`an eyewitness. The otheris indirect or circumstantial evidence. For example, if a witnesstestified
`that she saw it raining outside, that would be direct evidence that it was raining. Circumstantial
`evidence is evidence that proves a fact from which you can logically conclude anotherfact exists.
`For example, if someone walked into the courtroom wearing a raincoat covered with drops of
`water and carrying a wet umbrella, that would be circumstantial evidence from which you could
`conclude that it was raining. As a general rule, the law makes no distinction between direct and
`circumstantial evidence, but simply requires that you determinethe facts from all the evidence that
`you hear in this case, whetherdirect, circumstantial, or any combination.
`
`7
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`In judging the facts, you must consider all the evidence, both direct and circumstantial. That does
`not mean you haveto believe all of the evidence. It is entirely up to you to give the evidence you
`will receive in this case whatever weight you individually believe it deserves.
`
`It will be up to you to decide which witnesses to believe, which witnessesnotto believe, the weight
`you give any testimony you hear, and how muchofany witness’s testimony you choose to accept
`orreject.
`
`You should never be influenced by my ruling on any objection. If I sustained an objection, then
`just pretend the question was never asked. If there was an answer given, ignoreit. If I overruled
`the objection, act like the objection was never made. If I gave you instructions that some item of
`evidence was received for a limited purpose, you must follow myinstruction. If] gave any limiting
`instruction duringtrial, you must follow it. Any testimonyI tell you to exclude or disregard is not
`evidence and may not be considered.
`
`Duringthe trial you may be shown charts and animationsthat will help to illustrate the testimony
`of witnesses. These are called demonstrative exhibits. They are not evidence unlessI specifically
`admit them into evidence. What does that mean? If you hear a lawyersay: I’m using this for
`demonstrative purposes only, that’s absolutely fine. But it means you’re not going to have it when
`you’re deliberating.
`
`Anything you have heard outside of this courtroom, for example, anything you might know about
`Ravgen or Natera that you brought in here with you, needs to be ignored. You are to decide the
`case solely on the evidence presented here in the courtroom and nothingelse.
`
`PRELIMINARY JURY INSTRUCTIONNO. 10: STANDARDS OF PROOF AND
`BURDENS OF PROOF
`
`There are two standards of proof that you will apply to the evidence, depending on the issue you
`are deciding. On some issues, you must decide whether certain facts have been proven by a
`preponderance of the evidence. A preponderanceof the evidence meansthat the fact that is to be
`proven is more likely true than not, that is, that the evidence in favor of that fact being true is
`sufficient to tip the scale, even if slightly, in its favor. On other issues that I will identify for you,
`you must use a higher standard and decide whether the fact has been proven by clear and
`convincing evidence,that is, that you have been left with a clear conviction that the fact has been
`proven.
`
`These standards are different from what you may have heard about in criminal proceedings where
`a fact must be proven beyond a reasonable doubt. On a scale of these various standards of proof,
`as you move from preponderance of the evidence, where the proof need only be sufficientto tip
`the scale in favor of the party proving the fact, to beyond a reasonable doubt, where the fact must
`be proven to a very high degree of certainty, you may think of clear and convincing evidence as
`being between the two standards.
`
`To prove infringement of any claim, Ravgen must persuade youthatit is more likely than notthat
`Natera has infringed that claim. To persuade you that any infringement was willful, Ravgen must
`also prove thatit is more likely than not that the infringement was willful.
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`To prove invalidity of any claim, Natera must persuade you by clear and convincing evidence that
`the claim is invalid.
`
`PRELIMINARY JURY INSTRUCTIONNO. 11: WITNESSES
`
`You alone are to determinethe questions ofcredibility or truthfulness ofthe witnesses. In weighing
`the testimony of the witnesses, you may consider the witness’s manner and demeanor on the
`witness stand, any feelings or interest in the case, or any prejudice or bias aboutthe case, that he
`or she may have, and the consistency or inconsistency of his or her testimony considered in the
`light of the circumstances. For instance, has the witness been contradicted by other credible
`evidence? Hashe or she madestatements at other times and places contrary to those made here on
`the witness stand? You must give the testimony of each witness the credibility that you think it
`deserves.
`
`In determining the weight to give to the testimony of a witness, consider whether there was
`evidence that at some other time the witness said or did something,or failed to say or do something,
`that was different from the testimony given by that witnessattrial.
`
`A simple mistake by a witness does not necessarily mean that the witness did not tell the truth as
`he or she remembersit. We’re people. People may forget some things or remember other things
`inaccurately.
`If a witness made a misstatement, consider whether that misstatement was an
`intentional falsehood or just a mistake. The significance of that may depend on whetherit has to
`do with an important fact or with only an importantdetail. This instruction appliesto the testimony
`of all witnesses.
`
`Even though a witness may bea party to the action and therefore interested in its outcome, the
`testimony maybe accepted ifit is not contradicted by direct evidence or by any inference that may
`be drawn from the evidence, if you believe the testimony.
`
`You are not to decide this case by counting the number of witnesses who havetestified on the
`opposing sides. Witness testimony is weighed; witnesses are not counted. The test is not the
`relative numberof witnesses, but the relative convincing force of the evidence. The testimony of
`a single witness is sufficient to prove any fact, even if a greater number of witnessestestified to
`the contrary, if after consideringall of the other evidence, you believe that witness.
`
`PRELIMINARY JURY INSTRUCTION NO.12: EXPERT WITNESSES
`
`When knowledge of technical subject matter may be helpful to the jury, a person who has
`special training or experiencein that technical field is permitted to state his or her opinion on those
`technical matters. However, you are not required to accept that opinion. As with any other
`witness, it is up to you to decide whetherto rely onit.
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`PRELIMINARY JURY INSTRUCTIONNO.13: DEPOSITION TESTIMONY
`
`The parties may present the testimony of a witness by having the testimony live for you, by
`videoconference, or by reading from a deposition or trial transcript. They also may play a
`videotape of a witness’s deposition testimony.
`
`Youwill not see a witness or hear testimony from a witness where the witness is or was not under
`oath. So all the testimony in that sense is of equal dignity because they were all sworn.
`It is
`entitled to the same consideration of any witness who appearsat trial.
`In addition, some of the
`video recordings of witnesses you see may be of lower quality because the witnesses had their
`depositions taken from home. This was due to COVID-19 restrictions in place at the time and in
`the location where the witness was located. You should not hold the quality of the video, the
`location of the witness, or any other circumstancesarising from COVID-19 restrictions against
`either party.
`
`That being said, it is exclusively in your province to believe every word that any witness says, to
`disregard anything they say or do, whatever you want to do, because youall are the exclusive
`jurors and judgesofthe facts in this case.
`
`PRELIMINARY JURY INSTRUCTIONNO.14: NO INFERENCE FROM FILING SUIT
`
`The fact that one side or the other brought this lawsuit and is in court seeking damagescreates no
`inference on their behalf that they’re entitled to judgment. The act of making a claim in a lawsuit,
`in this case claims of patent infringement, does not tend to establish the claim is true or not true
`and cannot be considered by you as evidence.
`
`Also, the fact that Natera has raised arguments against the claims and says they don’t infringe
`creates no inference that they’re entitled to a judgment.
`
`Both ofthese actions, the offensive action of filing the suit and the defensive action of defending
`the suit must be disregarded by you, and neither of these actions should tend to establish judgment
`in either side’s favor.
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`PRELIMINARY JURY INSTRUCTION NO.15: JUROR NOTEBOOKS
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`To assist in your deliberations, I have provided you with a notebook that contains the following:
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`e A copy of the ’277 Patent
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`e
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`Pictures of witnesses on pages with space for notes
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`These materials have been jointly submitted by the parties. Please refer to these materials to assist
`you duringtrial.
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`10
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