Case 6:21-cv-00569-ADA Document 219 Filed 06/20/23 Page 1 of 10
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`IN THE UNITED STATES DISTRICT COURT
` FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`TOUCHSTREAM TECHNOLOGIES, INC.
`
`v.
`
`GOOGLE LLC
`
`Plaintiff,
`
`Defendant.
`
`Case Action No. 6:21-CV-569-ADA
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`JURY TRIAL DEMANDED
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`
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`JOINT PROPOSED VOIR DIRE QUESTIONS
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`Pursuant to the Court’s Scheduling Order, the Court’s Standing Order Governing
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`Proceedings in Patent Cases, and the Court’s Standing Order on Pretrial Procedures and
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`Requirements in Civil Cases, Plaintiff Touchstream Technologies, Inc. (“Plaintiff” or
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`“Touchstream”) and Defendant Google LLC (“Defendant” or “Google”) (collectively, “the
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`Parties”) submit the following proposed questions for voir dire examination at trial and jury
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`questionnaire.
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`I.
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`PROPOSED VOIRE DIRE QUESTIONS
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`To the panel as a whole:
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`1)
`
`In the trial of this case, the parties are entitled to have a fair, unbiased and
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`unprejudiced jury. If there is any reason why any of you might be biased or
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`prejudiced in any way, you must disclose such reasons when you are asked to do
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`so. It is your duty to make this disclosure.
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`2)
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`You will be called upon in this case to decide liability, and you may be called upon
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`to award money damages if you find that they are appropriate. Do you have any
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`religious, philosophical, or other belief that prevents you from acting as an impartial
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`juror in this case?
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`
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`IN THE UNITED STATES DISTRICT COURT
` FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`
`TOUCHSTREAM TECHNOLOGIES, INC.
`
`v.
`
`GOOGLE LLC
`
`Plaintiff,
`
`Defendant.
`
`Case Action No. 6:21-CV-569-ADA
`
`JURY TRIAL DEMANDED
`
`
`
`JOINT PROPOSED VOIR DIRE QUESTIONS
`
`Pursuant to the Court’s Scheduling Order, the Court’s Standing Order Governing
`
`Proceedings in Patent Cases, and the Court’s Standing Order on Pretrial Procedures and
`
`Requirements in Civil Cases, Plaintiff Touchstream Technologies, Inc. (“Plaintiff” or
`
`“Touchstream”) and Defendant Google LLC (“Defendant” or “Google”) (collectively, “the
`
`Parties”) submit the following proposed questions for voir dire examination at trial and jury
`
`questionnaire.
`
`I.
`
`PROPOSED VOIRE DIRE QUESTIONS
`
`To the panel as a whole:
`
`1)
`
`In the trial of this case, the parties are entitled to have a fair, unbiased and
`
`unprejudiced jury. If there is any reason why any of you might be biased or
`
`prejudiced in any way, you must disclose such reasons when you are asked to do
`
`so. It is your duty to make this disclosure.
`
`2)
`
`You will be called upon in this case to decide liability, and you may be called upon
`
`to award money damages if you find that they are appropriate. Do you have any
`
`religious, philosophical, or other belief that prevents you from acting as an impartial
`
`juror in this case?
`
`
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`Case 6:21-cv-00569-ADA Document 219 Filed 06/20/23 Page 2 of 10
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`
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`3)
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`Do you have strong feelings either way about your ability to follow my instructions
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`in a civil case like this where one party is seeking money damages from another?
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`4)
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`(a) The plaintiff in this case, Touchstream, will be making claims that could result
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`in the awarding of substantial monetary damage awards. Based on that and your
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`own opinions about money damages awarded in trial, how many of you, regardless
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`of the evidence, would be unwilling to consider damages that exceed a certain
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`number or threshold? In other words, is there an amount of monetary damages
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`above which you would reject, regardless of the evidence?
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`(b) Google contends that it does not infringe and that it does not owe any damages
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`to Touchstream. However, if you find infringement but the evidence does not
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`support a damages award, can you turn Touchstream away with nothing?
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`(c) If you find infringement, will you award only the amount that Touchstream
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`proves by a preponderance of the evidence?
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`(5)
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`Is there any reason you could not follow the Court’s instructions in this case as to
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`how the jury should determine the issue of whether a patent is infringed?
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`(6)
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`Is there any reason you could not follow the Court’s instructions as to how the jury
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`should determine the issue of whether a patent is valid?
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`(7)
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`Is there any reason, such as poor vision, difficulty hearing, another medical reason,
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`or personal hardship, that would make it difficult for you to serve on this jury?
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`(8)
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`(9)
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`Do you have difficulty understanding spoken or written English?
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`Have you heard of, or have any knowledge of, the facts or events in this case?
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`(10) Have you, a relative, or a close friend had any experience with patents, patent law,
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`patented technology, or the United States Patent and Trademark Office?
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`2
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`Case 6:21-cv-00569-ADA Document 219 Filed 06/20/23 Page 3 of 10
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`(11) Do you have any opinions about patents, patent rights, or the United States Patent
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`and Trademark Office that might make it difficult for you to listen to the evidence
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`with an open mind?
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`(12) Does anyone have a negative view of the way in which patents are awarded or
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`enforced?
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`(13) Do you, someone close to you, or your employer own patents?
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`(14) This case involves a patent dispute, including issues of patent infringement and
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`patent validity. Have you, anyone close to you, or your employer ever been
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`involved in a dispute about patent rights (either as an individual or as part of a
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`company)?
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`a. Raise your hand if you have a negative view of intellectual property or
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`patent lawsuits.
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`b. Can you please describe the circumstances of that dispute and how you
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`(or a family member or close friend) were involved?
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`(15) Have you, a relative, or a close friend ever invented or designed anything?
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`a. If so, did you, your relative, or your friend apply for a patent?
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`(16) Have any of you thought about trying to patent or trademark an idea or invention
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`or feel that you may be in a position to invent something of value someday?
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`a. If so, can you elaborate?
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`(17) Do any of you work for a company that relies, or that regularly applies for, and are
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`regularly awarded patents?
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`(18) Have you personally, or has the company you worked for ever been, in your mind,
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`falsely accused of any type of business wrongdoing or patent infringement?
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`3
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`Case 6:21-cv-00569-ADA Document 219 Filed 06/20/23 Page 4 of 10
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`(19) Have you, or any member of your immediate family ever been employed by the
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`United States Patent and Trademark Office?
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`a. If “yes,” please describe this employment.
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`(20) Do you have any training, experience, or specialized knowledge relating to
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`computers, computer software, or app development?
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`a. If “yes,” please describe your experience.
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`(21) Do you have any background in licensing in general? In licensing intellectual
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`property/patents specifically?
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`(22) Do you recognize or know anyone on the Court staff or whom you have come to
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`recognize as being part of the Court staff?
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`(23) Do you recognize or know any of your fellow jurors?
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`(24) The lawyers and law firms involved in these cases are:
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` Firms:
`o Jones Day
`o Potter Minton PC
`o Shook, Hardy & Bacon L.L.P.
` Lawyers:
`o Fiona A. Bell
`o Jordan T. Bergsten
`o Samuel G. Bernstein
`o John R. Boule, III
`o Justin R. Donoho
`o Lauren Douville
`o Ryan D. Dykal
`o Philip Alexander Eckert
`o Kyle Edward Friesen
`o Edwin O. Garcia
`o Jackson J. Gilkey
`o Michael W. Gray
`o Shaun William Hassett
`o Michael C. Hendershot
`o Sharon A. Israel
`o Michael E. Jones
`o Tharan Gregory Lanier
`o Samuel J. Laroque
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`4
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`Case 6:21-cv-00569-ADA Document 219 Filed 06/20/23 Page 5 of 10
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`o Andrew M. Long
`o Robert McClendon
`o Evan M. McLean
`o Gary M. Miller
`o Gurneet Singh
`o Tracy Ann Stitt
`o Jennifer L. Swize
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`Do any of you or your immediate families know any of the attorneys or law firms
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`I have just named?
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`a. Whom do you recognize or know?
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`b. How do you know each other?
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`c. Would that relationship affect your ability to give a fair trial to all of the
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`parties in this case?
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`d. Have you, a family member, or a close friend ever worked for any of
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`the parties or law firms in this case?
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`(25) The potential witnesses in this case are:
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` Kevin Almeroth
` Majd Bakar
` George Bonanto
` Nandi Byer
` Mark Chandler
` Jamie Cohen
` Chris Cooke
` Kyle Cuthbert
` Michael Dodd
` Andre Golueke
` Amberish Kenghe
` Farinaz Khorsand-Raven
` Rajiv Lulla
` Michael Maigret
` Christopher Martinez
` Ketan Mayer-Patel
` Herb Mitschele
` Shanna Preve
` Micahel Rinzler
` Corey Robins
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`5
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`Case 6:21-cv-00569-ADA Document 219 Filed 06/20/23 Page 6 of 10
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` Scott Roepnack
` Micah Rupersburg
` David Strober
` Matt Van Der Staay
` Meher Vurimi
` Jack Weixel
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`Are you familiar with any of these potential witnesses?
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`a. Whom do you recognize or know?
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`b. How do you know each other?
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`c. Would that relationship affect your ability to give a fair trial to all of the
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`parties in this case?
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`d. Have you, a family member, or a close friend ever worked for any of
`
`the parties or law firms in this case?
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`(26) Have you or a member of your household ever worked in the legal field?
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`a. If “yes,” when, what was your job title and where did you work?
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`(27) Have you, a family member, or a close friend ever worked for any of the parties,
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`Touchstream/Shodogg and Google, or law firms, Shook Hardy & Bacon, Jones
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`Day, and Potter Minton, in this case?
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`a. Would that relationship affect your ability to give a fair trial to all of the
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`parties in this case?
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`(28) Are any of you familiar with Touchstream Technologies or Shodogg?
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`(29) Have any of you or someone close to you ever had a business relationship with
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`Touchstream or Shodogg?
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`(30) Does anyone have strong feelings about Touchstream or Shodogg whether
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`favorable or unfavorable?
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`(31) Are any of you familiar with Google or Alphabet Inc.?
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`6
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`Case 6:21-cv-00569-ADA Document 219 Filed 06/20/23 Page 7 of 10
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`(32) Have any of you or someone close to you ever had a business relationship with
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`Google?
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`(33) Does anyone have strong feelings about Google whether favorable or unfavorable?
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`(34) Do you own stock in any of the parties (Touchstream/Shodogg or Google) or have
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`any interest, financial or otherwise, in the outcome of this case?
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`a. Would that relationship affect your ability to give a fair trial to all of the
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`parties in this case?
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`(35) Have you ever started your own business either on your own or with someone else?
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`(36) Have you, or someone close to you, ever been formally accused of any kind of
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`business wrongdoing?
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`(37) Do you currently hold a leadership position in any community organization?
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`(38) Does anyone currently work, or has anyone worked in the past, for a city, county,
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`state, or federal government agency?
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`a. If “yes” please describe that employment.
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`(39) Other than family law matters, have you or anyone close to you ever been a
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`plaintiff, defendant, or witness in a lawsuit or administrative complaint?
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`(40) Has anyone served on a jury in a civil case?
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`(41) Raise your hand if you have a negative view of civil lawsuits.
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`(42) Has anyone ever participated in a focus group or served as a mock juror that was
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`related to patents?
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`(43) Have you ever served on a mock jury or participated in a focus group that was
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`related to software of any type?
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`(44) Have you read, watched, listened to, or heard about news reports regarding the
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`defendant, Google, whether recently or in the past?
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`7
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`Case 6:21-cv-00569-ADA Document 219 Filed 06/20/23 Page 8 of 10
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`(45) Do you use or have you ever used a Google product?
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`a. If yes, what was your experience with that Google product?
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`b. If yes, did you use the casting functionality in one of those Google
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`products, such as, for example, a Chromecast?
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`(46) Have you ever had a negative experience with a Google product?
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`(47) Are any of you the designated tech person in your family or among your friends –
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`i.e., the one who has to set up new devices and teach the rest of the family how to
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`use them?
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`(48) By contrast, would any of you describe yourselves as not tech savvy or generally
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`uncomfortable with technology?
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`(49) How many of you have negative feelings about the tech industry and large
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`technology corporations?
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`(50) Do you feel large corporations take advantage of small businesses?
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`(51) How many of you have negative feelings about large corporations?
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`(52) How many of you have positive feelings about large corporations?
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`(53) Have you ever worked for a small business or a startup company? If so, please
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`explain.
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`(54) As the Court will explain later, the verdict in this case has to be unanimous one way
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`or the other. If you are the last holdout, will you go along with the others contrary
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`to your view of the evidence?
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`(55) Do you know of any other matter which you believe should be called to the Court’s
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`attention as having some bearing upon your qualifications or ability to sit as a juror,
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`or which you think may prevent you from rendering a fair and impartial verdict?
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`(56) Does anyone feel that you may not be able to judge this case fairly and impartially?
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`8
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`Case 6:21-cv-00569-ADA Document 219 Filed 06/20/23 Page 9 of 10
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`(57)
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`If you’re selected to sit as a juror on this case, will you be able and willing to render
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`a verdict based solely on the evidence presented at trial and the law as Judge
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`Albright gives it to you in his instructions – disregarding any other ideas, notions,
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`or beliefs about the law you may have encountered in reaching your verdict?
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`(58) All of us here today bring certain experiences, training, or education that may
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`influence the way we see the issues in this case. I’m going to read to you a list of
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`different industries. If any of you, or someone you know well, has had any training,
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`education, or experience in any of the following areas, please raise your hand:
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`a. Issuing patents, copyrights, trademarks, or laws relating to patents,
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`copyrights or trademarks?
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`b. Business/Finance/Accounting?
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`c. Information technology sales and/or marketing?
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`d. High technology computer systems, either hardware or software?
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`e. Corporate product development?
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`f. Cloud-based computing or storage?
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`(59) Do you have a leadership role at work or as a volunteer?
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`(60) Do you occasionally or frequently run meetings?
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`II.
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`PROPOSED JUROR QUESTIONNAIRE
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`See standalone attached Juror Questionnaire.
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`The parties also reserve the right to ask additional questions of each juror based on the
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`responses by each potential juror to the juror questionnaire.
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`9
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`Case 6:21-cv-00569-ADA Document 219 Filed 06/20/23 Page 10 of 10
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`Date: June 20, 2023
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`Respectfully submitted
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`GOOGLE LLC
`
`By: /s/ Edwin O. Garcia (with permission)
`One of Its Attorneys
`
`Michael E. Jones
`Patrick C. Clutter
`Shaun William Hassett
`Potter Minton PC
`110 N College, Suite 500
`Tyler, TX 75702
`Tel: 903-597-8311
`Email: mikejones@potterminton.com
`Email: patrickclutter@potterminton.com
`Email: shaunhassett@potterminton.com
`
`Evan M. McLean, pro hac vice
`Michael C. Hendershot, pro hac vice
`Tharan Gregory Lanier, pro hac vice
`Jones Day
`1755 Embarcadero Road
`Palo Alto, CA 94303
`Tel: (650) 739-3939
`Email: emclean@jonesday.com
`Email: mhendershot@jonesday.com
`Email: tglanier@jonesday.com
`
`Edwin O. Garcia, pro hac vice
`Jones Day
`51 Louisiana Avenue, N.W.
`Washington, DC 20001
`Tel: (202) 879-3695
`Email: edwingarcia@jonesday.com
`
`
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`
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`TOUCHSTREAM TECHNOLOGIES, INC.
`
`
`
`By: /s/ Samuel G. Bernstein
`One of Its Attorneys
`
`
`
`Ryan D. Dykal (Pro Hac Vice)
`B. Trent Webb (Pro Hac Vice)
`Jordan T. Bergsten (Pro Hac Vice)
`SHOOK, HARDY & BACON L.L.P.
`2555 Grand Boulevard
`Kansas City, MO 64108
`(816) 474-6550
`Fax: (816) 421-5547
`rdykal@shb.com | bwebb@shb.com |
`jbergsten@shb.com
`
`Michael W. Gray (TX Bar No. 24094385)
`Fiona A. Bell (TX Bar No. 24052288)
`Andrew M. Long (TX Bar No. 24123079)
`SHOOK, HARDY & BACON L.L.P.
`600 Travis Street, Suite 3400
`Houston, TX 77002
`(713) 227-2008
`Fax: (713) 227-9508
`mgray@shb.com | fbell@shb.com |
`amlong@shb.com
`
`Gary M. Miller (Pro Hac Vice)
`Justin R. Donoho (Pro Hac Vice)
`Samuel G. Bernstein (Pro Hac Vice)
`SHOOK, HARDY & BACON L.L.P.
`111 S. Wacker Drive, Suite 4700
`Chicago, IL 60606
`(312) 704-7700
`Fax: (312) 558-1195
`gmiller@shb.com | jdonoho@shb.com
`sbernstein@shb.com
`
`10
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