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`UNITED STATES DISTRICT COURT
`WESTERN DISTRICT OF TEXAS
`AUSTIN DIVISION
`
`
`BANDSPEED, LLC, )
`Plaintiff, )
` ) Case Number
`vs. ) AU:20-CV-00765
` )
`REALTEK SEMICONDUCTOR )
`CORPORATION, ) Austin, Texas
`Defendant. ) April 11, 2023
`*******************************************************
`
`
`TRANSCRIPT OF STATUS CONFERENCE
`BEFORE THE HONORABLE DAVID A. EZRA
`SENIOR UNITED STATES DISTRICT JUDGE
`
`
`APPEARANCES:
`FOR THE PLAINTIFF:
` Adam G. Price, Esquire
` Christopher V. Goodpastor, Esquire
` DiNovo Price, LLP
` 7000 North MoPac Expressway
` Suite 350
` Austin, Texas 78731
` (512)539-2626; aprice@dinovoprice.com
`
`
`
`FOR THE DEFENDANT:
` G. Blake Thompson, Esquire
` Mann, Tindel, Thompson
` 112 E. Line Street, Suite 304
` Tyler, Texas 75702
` (903)657-6003; blake@themannfirm.com
`
` Jeffrey Lance Johnson, Esquire
` Orrick, Herrington & Sutcliffe, LLP
` 609 Main, 40th Floor
` Houston, Texas 77002
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`Case 1:20-cv-00765-DAE Document 61 Filed 07/08/23 Page 2 of 12
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`2
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`COURT REPORTER:
`Angela M. Hailey, CSR, CRR, RPR, RMR
`Official Court Reporter, U.S.D.C.
`262 West Nueva Street
`San Antonio, Texas 78207
`Phone(210)244-5048
`angela_hailey@txwd.uscourts.gov
`
`Proceedings reported by stenotype, transcript produced by
`computer-aided transcription.
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`Case 1:20-cv-00765-DAE Document 61 Filed 07/08/23 Page 3 of 12
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`S T A T U S C O N F E R E N C E
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`3
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`(Tuesday, April 11, 2023, 9:03 a.m.)
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`* * *
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`COURT SECURITY OFFICER: All rise.
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`THE COURT: Please be seated.
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`COURTROOM DEPUTY CLERK: Austin 20-CV-00765,
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`Bandspeed, LLC versus Realtek Semiconductor Corporation.
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`THE COURT: Good morning. Can we have appearances
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`please.
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`MR. PRICE: Good morning, Judge. My name is Adam
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`Price for plaintiff, Bandspeed, and I'm here with my colleague
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`Chris Goodpastor.
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`MR. GOODPASTOR: Good morning, Your Honor.
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`THE COURT: Good morning.
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`MR. THOMPSON: Good morning, Your Honor. Blake
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`Thompson here for Realtek, and also with me is Jeffrey Johnson.
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`We're ready to proceed.
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`THE COURT: Okay. We're here for a status conference
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`to see exactly where we are in this case. Now, I had dinner
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`last night with Judge Yeakel, who by the way is in unusually
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`fine form getting ready to retire, and to say there wasn't a
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`tinge of jealousy there would be the understatement, I think.
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`But nonetheless, he indicated that he understood there would be
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`some or some progress had been made toward resolving this case
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`by way of settlement. Am I right, wrong or was he wrong?
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`MR. PRICE: I think I can address that. Adam Price
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`Case 1:20-cv-00765-DAE Document 61 Filed 07/08/23 Page 4 of 12
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`S T A T U S C O N F E R E N C E
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`4
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`for plaintiff, Bandspeed. With respect to this case, we have
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`had discussions. I think we're optimistic that we can get
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`something done. And in talking with counsel in the hall, our
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`thought is if we push Markman out a little bit, the actual
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`hearing, that will give us some time to maybe get this done and
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`also would accommodate schedules. In terms of Bandspeed as a
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`whole, there are several Bandspeed cases and those are in
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`different stages discussions.
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`THE COURT: I only had this one, right?
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`MR. PRICE: That's correct, Your Honor.
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`COURTROOM DEPUTY CLERK: Yes, Judge.
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`THE COURT: Who's got the other ones?
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`MR. PRICE: Judge Yeakel currently has them.
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`COURTROOM DEPUTY CLERK: He hasn't transferred them
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`yet. There's a few.
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`THE COURT: I think you can count on them probably
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`landing here. I'm going to be picking up 200 to 250 of his
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`cases, I think.
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`MR. THOMPSON: We're in agreement with plaintiff's
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`counsel, we would like to push the Markman hearing back to
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`maybe August or so and it would give us some time, number one,
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`just for scheduling, but also give us some time to explore
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`possible resolution as well.
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`THE COURT: You know, my experience -- thank you,
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`counsel. My experience -- well, there's two ways to look at
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`Case 1:20-cv-00765-DAE Document 61 Filed 07/08/23 Page 5 of 12
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`S T A T U S C O N F E R E N C E
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`5
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`this. You have the old Sam Sparks way to look at it. And
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`Sam's view is that you need a hot iron on people's nether
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`regions to get things done. Judge Yeakel and I are more of the
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`hopeful type of judges, I think. We like to think that if we
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`give somebody a continuance in order to work on the case and
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`try to get it settled, that they actually will do that and not
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`take it and put it on the shelf and go to something else, which
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`unfortunately does happen. And so I think that the truth
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`probably lies somewhere between Sam Sparks and David Ezra and
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`Lee Yeakel, I don't know. But I am inclined to take you
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`gentlemen at your word that you'll, you know, try to work this
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`out.
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`Now, are these other -- I don't know anything about
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`these other cases. Are they against the same parties?
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`MR. PRICE: No, Your Honor. Same patents where
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`there's overlap of patents, but they are against different
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`parties.
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`THE COURT: Different parties, okay.
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`MR. PRICE: The patents generally relate to blue
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`tooth, so fairly widespread use of the technology.
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`THE COURT: Sure, of course. All right, so what dates
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`do you want? Don't get too crazy now.
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`MR. THOMPSON: I think from our side, Your Honor,
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`anything August 1st and beyond.
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`THE COURT: We're talking about for the Markman
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`Case 1:20-cv-00765-DAE Document 61 Filed 07/08/23 Page 6 of 12
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`S T A T U S C O N F E R E N C E
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`6
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`hearing now.
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`MR. THOMPSON: That's correct.
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`MR. PRICE: That would work for us, Your Honor.
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`THE COURT: Let's see, who knows what will work for
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`me. My schedule is becoming nuts.
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`COURTROOM DEPUTY CLERK: Do we know how long it will
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`take?
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`THE COURT: I would imagine it wouldn't take more than
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`a day and a half maybe, two days at the most.
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`MR. PRICE: If I might ask, Your Honor, we would be
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`inclined to present our expert by declaration and not live. If
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`we were to do a non-live witness hearing, I think this could be
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`done in two hours.
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`THE COURT: All right.
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`MR. PRICE: There have been many Bandspeed cases, so
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`there's a lot of history there and a lot of terms have already
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`been construed, so I think there's a lot to go on.
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`THE COURT: Well, there hasn't been a lot of Bandspeed
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`cases in front of me, so I have to start from ground zero.
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`Remember that. I used to represent banks and I would come
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`before these various federal judges, this is during the savings
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`and loan crisis, you may or may not remember that. I was
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`involved in all those cases, and I remember we were in Indiana,
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`I think, we were in Indianapolis. And all the lawyers had been
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`traveling around the country, we had all been in these same
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`Case 1:20-cv-00765-DAE Document 61 Filed 07/08/23 Page 7 of 12
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`S T A T U S C O N F E R E N C E
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`7
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`cases, so we all knew what all the facts were. Of course, the
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`judge was a very good judge, he just didn't know the history of
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`it. So we're brabbling back and forth about this, that and the
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`other thing and he says, "Wait a minute, wait a minute,
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`counsel, I wasn't there." You know.
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`And I think this happens frequently when counsel are
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`involved in a series of related cases you. Kind of forget that
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`the judge -- it's not as big a problem when you have a jury,
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`Markman isn't in front of a jury, so the trial might be
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`obviously, but the Markman isn't, so you lose sight of the fact
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`that you need to start at ground zero.
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`MR. PRICE: We will do that, Your Honor.
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`MR. THOMPSON: Your Honor, do you like in-person
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`tutorial like Judge Yeakel? How do you handle your Markman.
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`THE COURT: Yes, I do it exactly like Judge Yeakel
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`does it. He and I have a very similar background. He and I
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`went through officer candidate school, same place, just about
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`the same time. I got appointed by President Reagan. He was a
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`Bush appointee, so I have a few years on him there, but he's a
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`few years on the other side of me where it counts.
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`MR. THOMPSON: Well, I think knowing that, we would
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`probably think at least half a day or longer, maybe a full day,
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`but at least half a day.
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`THE COURT: We'll set a day aside. The reason I want
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`to get this set, to be honest with you, is that there is going
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`Case 1:20-cv-00765-DAE Document 61 Filed 07/08/23 Page 8 of 12
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`S T A T U S C O N F E R E N C E
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`to be a tsunami of cases coming down. I'm going to get a lot
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`from Judge Yeakel. I'm going -- I think a couple hundred at
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`least, may be more, I'm going to get some of Judge Pitman's
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`cases also. That's perfectly fine. I'm perfectly capable of
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`doing that, I've always had a heavy docket. They used to send
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`me all over the country to try complex cases, so I'm not
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`worried about that. That's not the problem. The problem is
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`there's only so many days in the year and so many hours in a
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`day, and you don't want to be on the back end of the train, so
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`to speak. I mean, it could take a very long time to get to
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`your case. So that's why we're trying to move these things
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`forward. And that's basically what Judge Yeakel and I were
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`talking about, because he has the same view of things as I do,
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`exactly.
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`So I think August should be all right. I think you'll
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`be fine in August. Do I have time in August?
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`COURTROOM DEPUTY CLERK: You do. August 9th.
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`THE COURT: How about August 9th?
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`MR. PRICE: Fine for the plaintiff, Your Honor.
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`(Discussion off the record with Courtroom Deputy
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`Clerk.)
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`THE COURT: She was just trying to clarify whether I
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`wanted the tutorial, so to speak, as Judge Yeakel used to do it
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`in the chambers or in the courtroom, but we'll do that in the
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`chambers just like Judge Yeakel does.
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`Case 1:20-cv-00765-DAE Document 61 Filed 07/08/23 Page 9 of 12
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`S T A T U S C O N F E R E N C E
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`MR. THOMPSON: August 9th will be fine for us as well.
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`THE COURT: And then we can move into the courtroom.
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`We'll do it all in one day.
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`MR. PRICE: If it's more efficient for Your Honor, we
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`could also present a tutorial that's prerecorded and share it
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`with the other side and they could respond to it and we could
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`submit them.
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`THE COURT: I don't care. Whichever you wish to do.
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`You know, I actually like to ask questions, so maybe we ought
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`to do it live.
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`MR. PRICE: That's fine.
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`THE COURT: How are your teaching skills?
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`MR. PRICE: It won't be me, Your Honor, it will be my
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`expert.
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`MR. THOMPSON: Depends on the topic.
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`THE COURT: Well, I've been teaching law school for 38
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`years, and I think my teaching skills have kind of gone down
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`hill, I don't know. All right. So let's figure on August 9th
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`we'll do the tutorial and then we'll do the Markman and we'll
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`finish it up and get it all done, and I'll take some time and
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`put out an order.
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`MR. PRICE: Will the tutorial be off the record and
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`not part --
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`THE COURT: Yeah, I don't think Judge Yeakel does it
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`on the record, does he?
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`Case 1:20-cv-00765-DAE Document 61 Filed 07/08/23 Page 10 of 12
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`S T A T U S C O N F E R E N C E
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`MR. PRICE: No, he doesn't record them.
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`THE COURT: Everything I've ever said, I think, in a
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`professional capacity for the last -- well, not the last 52
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`years I've been a lawyer, but the last 35 years I've been a
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`federal judge has been on the record, so I don't mind being on
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`the record, but I think that would not be particularly
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`productive. I'm happy to put it on the record if you want it
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`on the record.
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`MR. THOMPSON: We're fine either way. Whatever your
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`preference is fine with us.
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`THE COURT: All right. We won't put that on the
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`record. The actual Markman hearing, of course, will be on the
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`record. Okay, August 9th. Is there anything else, counsel,
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`that you would like to bring up at this point while I have you
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`here?
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`MR. PRICE: Nothing from Bandspeed, Your Honor.
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`MR. THOMPSON: Nothing from Realtek, Your Honor.
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`THE COURT: Okay. Very good. Thank you very much.
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`MR. PRICE: Thank you, Your Honor.
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`MR. THOMPSON: May we be excused?
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`THE COURT: Thanks very much, counsel. Have a good
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`rest of the week. We'll see you on August 9th. The regular
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`filings that you -- do you need deadlines on those for your
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`Markman? Have they all been filed already?
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`MR. PRICE: We're fully briefed, Your Honor.
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`Case 1:20-cv-00765-DAE Document 61 Filed 07/08/23 Page 11 of 12
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`S T A T U S C O N F E R E N C E
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`THE COURT: You're fully briefed. Okay. I just got
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`the case, as you know. I haven't had a chance to look at it,
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`so I will. Thanks a lot. Appreciate it.
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`MR. PRICE: Your Honor, we did give hard copies to
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`Judge Yeakel's --
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`COURTROOM DEPUTY CLERK: We printed them.
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`THE COURT: We got them. We work pretty close
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`together.
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`(9:17 a.m.)
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`* * *
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`Case 1:20-cv-00765-DAE Document 61 Filed 07/08/23 Page 12 of 12
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`S T A T U S C O N F E R E N C E
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`* * * * *
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`UNITED STATES DISTRICT COURT
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`WESTERN DISTRICT OF TEXAS
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` I certify that the foregoing is a correct transcript from
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`the record of proceedings in the above-entitled matter. I
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`further certify that the transcript fees and format comply with
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`those prescribed by the Court and the Judicial Conference of
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`the United States.
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`Date signed: July 8, 2023
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`
`
`/s/ Angela M. Hailey
`___________________________________
`Angela M. Hailey, CSR, CRR, RPR, RMR
`Official Court Reporter
`262 West Nueva Street
`San Antonio, Texas 78207
`(210)244-5048
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