Case 6:21-cv-00569-ADA Document 267 Filed 09/01/23 Page 1 of 78
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`TOUCHSTREAM TECHNOLOGIES, ) Case No. 6:21-CV-00569-ADA
`INC.,
` )
` )
` )
` )
` )
`v.
` )
` )
`
`GOOGLE, LLC.,
` )
` )
`Defendant.
` ) Monday, July 17, 2023
`___________________________)
` 9:19 A.M.
`
`Plaintiff,
`
`TRANSCRIPT OF JURY SELECTION
`BEFORE THE HONORABLE DEREK T. GILLILAND
`UNITED STATES MAGISTRATE JUDGE
`
`APPEARANCES ON NEXT PAGE.
`
`Deputy Clerk:
`
` Melissa Copp
` United States District Court
` 800 Franklin Avenue, #380
` Waco, Texas 76701
`Transcription Service By: Dipti Patel, CET-997
` Liberty Transcripts
` 7306 Danwood Drive
` Austin, Texas 78759
` (847) 848-4907
` www.libertytranscripts.com
`
`Proceedings recorded by electronic sound recording;
`transcript produced by transcription service.
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`TOUCHSTREAM TECHNOLOGIES, ) Case No. 6:21-CV-00569-ADA
`INC.,
` )
` )
` )
` )
` )
`v.
` )
` )
`
`GOOGLE, LLC.,
` )
` )
`Defendant.
` ) Monday, July 17, 2023
`___________________________)
` 9:19 A.M.
`
`Plaintiff,
`
`TRANSCRIPT OF JURY SELECTION
`BEFORE THE HONORABLE DEREK T. GILLILAND
`UNITED STATES MAGISTRATE JUDGE
`
`APPEARANCES ON NEXT PAGE.
`
`Deputy Clerk:
`
` Melissa Copp
` United States District Court
` 800 Franklin Avenue, #380
` Waco, Texas 76701
`Transcription Service By: Dipti Patel, CET-997
` Liberty Transcripts
` 7306 Danwood Drive
` Austin, Texas 78759
` (847) 848-4907
` www.libertytranscripts.com
`
`Proceedings recorded by electronic sound recording;
`transcript produced by transcription service.
`
`
`
`2
`
`Case 6:21-cv-00569-ADA Document 267 Filed 09/01/23 Page 2 of 78
`
`APPEARANCES:
`For the Plaintiff: Shook, Hardy & Bacon, LLP
`BY: RYAN D. DYKAL, ESQ.
` ROBERT H. RECKERS, ESQ.
` SHARON A. ISRAEL, ESQ.
` GARY M. MILLER, ESQ.
` LAUREN DOUVILLE, ESQ.
` JORDAN T. BERGSTEN, ESQ.
`600 Travis Street
`Suite 3400
`Houston, Texas 77002
`
`For the Defendant: Potter Minton
`BY: MICHAEL E. JONES, ESQ.
` TRACY ANN STITT, ESQ.
`102 North College
`Suite 900
`Tyler, Texas 75702
`Jones Day
`BY: THARAN GREGORY LANIER, ESQ.
`1755 Embarcadero Road
`Palo Alto, California 94303
`
`
`
`Case 6:21-cv-00569-ADA Document 267 Filed 09/01/23 Page 3 of 78
`
`INDEX
`
`Case called
`Juror Voir Dire
` By The Court
` By Mr. Dykal
` By Mr. Jones
`Jury Seated and Sworn
`Court's Preliminary Instructions
`
`End of Proceedings
`
`Certificate of Transcriber
`
`
`
`
`3
`
`PAGE
` 4
`
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` 12
` 21
` 36
` 55
` 55
` 78
` 78
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`Case 6:21-cv-00569-ADA Document 267 Filed 09/01/23 Page 4 of 78
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`4
`
` (9:19 a.m.)
`Waco, Texas - July 17, 2023
`P R O C E E D I N G S
` ---O0O---
`THE COURT: Please be seated. Good morning,
`everybody. I think we have the jury ready to go. So if
`you'll remain standing, we'll bring in the jury.
`(Jury in at 9:19 a.m.)
`THE COURT: Please be seated.
`Ms. Copp, please call the case.
`THE CLERK: Yes, Your Honor. Calling case number
`WA:21-CV-569 styled Touchstream Technologies Incorporated
`versus Google LLC. Called for jury selection proceedings.
`THE COURT: All right. Could I get announcements
`starting with the plaintiff?
`MR. DYKAL: Ryan Dykal on behalf of Touchstream
`Technologies. With me is Robert Reckers, also on behalf of
`Touchstream technologies. And this is Chris Dominic, who's
`here to assist for the day.
`THE COURT: All right. That's good enough for now,
`Mr. Dykal. Thank you. And for defendant.
`MR. JONES: Good morning, Your Honor. Mike Jones
`for Google, and we're ready to proceed, Your Honor.
`THE COURT: All right. Very good. Well, good
`morning, ladies and gentlemen. Welcome to jury service. And
`this, unlike a lot of cases that you might have sat on, this
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`Case 6:21-cv-00569-ADA Document 267 Filed 09/01/23 Page 5 of 78
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`is the federal courthouse in Waco. How many of y'all knew
`this was the federal court before this morning? All right.
`Hey, we're getting the word out there. For a long time,
`nobody had any idea this was anything other than the old post
`office.
`
`So this is a federal court. I'm one of three
`federal judges in this building. I've been on the bench for a
`little over a year. And it's my privilege today to get to
`preside over jury selection. Now, those of you who are
`selected for the jury will start the trial. I believe we're
`scheduled to start this afternoon, and you'll be in a
`courtroom across the hall in front of Judge Alan Albright.
`I know before you came in, we asked you all several
`questions to help with this process. I've got copies of your
`answers up here. So you know, we all know a little bit about
`each one of you. Y'all know almost nothing, probably nothing
`about any of us. So I figure, turnabout is fair play. I'll
`tell you a little bit about myself, and then about the process
`that we're going to go through this morning.
`So as I said, my name is Derek Gilliland. I live
`here in Waco. I graduated from Texas A&M University. And
`always pause for a whoop just in case. Many a few decades ago
`with a degree in mechanical engineering and I moved up here to
`Waco to work for back then what was known as Chrysler
`Technologies Airborne Systems. It's L3 Harris now. Boxes on
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`Case 6:21-cv-00569-ADA Document 267 Filed 09/01/23 Page 6 of 78
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`the airplanes for the United States Air Force for a few years.
`Married a very lovely lady that I met in college,
`who was kind enough to put me through Baylor Law School after
`I'd been an engineer for a few years. So I went through
`Baylor Law School, graduated from there. Practiced law for 24
`years around the state of Texas, both in Austin, Waco, and in
`East Texas for several years until I was fortunate enough to
`get this job and move back.
`As I said, I'm married. I married the lovely lady
`that put me through law school. 28 years ago, we got married.
`She's a full-time mom and a part-time veterinarian. She's the
`smarter one out of the two of us by quite a bit, if you know a
`little bit about what it takes to become a veterinarian.
`We've got four kids. Two -- kind of two and a half
`in college. One of them that's about to start dental school,
`two of them that are working on their undergraduate degrees,
`and the oldest one is finally out, and on his own living in
`Austin. And so that's kind of my background.
`I took this job when the youngest graduated. And so
`we're sort of empty nesters and live here in Waco back here
`where we've lived before and now back for going on our second
`or third year and loving it. That's a little bit about my
`background so you know who's asking you all these questions
`today.
`
`Now, let me tell you a little bit about -- I like to
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`Case 6:21-cv-00569-ADA Document 267 Filed 09/01/23 Page 7 of 78
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`take a little bit of time to impress upon everybody the
`importance of jury service and our jury system. The jury
`system that we use in the United States was invented by the
`ancient Greeks, primarily or specifically in the city state of
`Athens. Back then, when they had a legal dispute, they were
`impose, or they would bring juries for both civil issues or
`criminal issues, they'd bring together a jury to decide who is
`right in the dispute.
`Now, when the Romans conquered Greece, they picked
`up the jury system, they carried it over to the British Isles.
`And when the British colonized the United States, it became
`part of our system of government in the U.S. And it was a big
`enough deal in the United States that when the Declaration of
`Independence was drafted and signed, the omission or
`elimination of a trial by jury was a specific grievance that
`the colonists cited in the Declaration of Independence, and
`that when the United States was formed, it became the part of
`our Constitution in the Bill of Rights.
`It's actually in the Bill of Rights in two places;
`your right to a jury trial in a criminal case is in what we
`call the Sixth Amendment, and your right to a jury trial in a
`civil case, such as this, is in the Seventh Amendment. And
`without that Bill of Rights, it's highly unlikely that our
`Constitution would have ever been drafted.
`So I say all of that to just help you understand the
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`importance of the jury system in our form of government going
`all the way back to our founding. And it's my personal belief
`that service on a jury is the second highest form of public
`service that a citizen of the United States can perform. The
`first highest form is service in the armed forces, which I
`know a few of you have done. And we thank you for it.
`And then for those of you who haven't, I never
`served in the armed forces either, getting to serve on a jury
`is the second highest form, in my opinion, of public service
`you can provide. So I really thank you for providing that
`service today, as I know the parties thank you as well.
`Now, in a case like this, what happens is there's
`questions about the law that have to be decided, and I, as the
`judge, get to decide those questions of law. But then there
`are questions about the facts, like how things work and how
`things are done.
`In the simplest case, a question of fact would be if
`we had a car wreck, and this is not a car wreck, as you'll
`likely have already picked up on, but we'll learn more as we
`go along. But if this were a car wreck, and both sides said
`they had the green light, that's a question of fact. That's
`something that a jury gets to decide. Now, the facts in this
`case might seem more complicated, but at their core, that's
`what it is. It's the juries job is to sort out those facts.
`Now, as I mentioned before, the ancient Greeks had a
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`Case 6:21-cv-00569-ADA Document 267 Filed 09/01/23 Page 9 of 78
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`jury system and they felt that jury service was important
`enough that in Athens, you could vote once you were 18. But
`you couldn't serve on a jury until you were least 30. So they
`wanted you to have a little more life experience than needed
`to vote to serve on a jury. They considered it that
`important. But the other thing they did that we don't do, is
`their juries often consisted of 500 to over 1,000 people. We
`just can't do that. Yeah, we'd be having to conduct trials in
`Baylor Stadium or something.
`So instead of doing that, what we do is go through
`the voir dire process. And this process is to find out more
`about your background and find out more about whether this is
`the right case for you to be a juror on, and we do that
`through questions both from me and from the parties to help
`sort through that.
`And I say the right case for you to be on is because
`if anybody -- if you know something about the case or -- well,
`let me back up. If you were in either of these parties shoes,
`you'd want to have a jury that started off, just fair,
`impartial, clean slate and didn't have a leaning one way or
`the other, so that you could listen openly to the facts and
`decide the case.
`And the example I like to give is, if I was called,
`and you're in your shoes, and one of these parties had sued a
`veterinarian, and the other one was a veterinarian, because of
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`Case 6:21-cv-00569-ADA Document 267 Filed 09/01/23 Page 10 of 78
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`that lovely young lady I live with, I would not be a good
`juror on that case. That would not be the right case for me
`to live on, because I'm kind of partial to veterinarians. So
`I think most folks are. So that's an example. So that's part
`of why we go through this process.
`And so you know, it's not just the jurors that go
`through it, the judge too could be removed from a case, if
`there's something about me that would make me impartial to the
`case, or create an appearance of impropriety. I could excuse
`myself, or the parties could ask me to excuse myself. So
`we're doing the same thing now with the jury.
`Now, what we are going to do, as I said, we're not
`going to have a jury of 1,000 people or 500 people, or
`anything like that. What we're looking for, and what we're
`going to do is pick a jury of seven. And so seven of you will
`win the lottery today and get to hear this trial over the
`course of the week. And the rest of you will be excused and
`be done for the day at least.
`But we can't just take the first seven that come in,
`because going back to the example I gave, we got to find out
`if this is the right case for you by asking a few questions
`about you. So we're going to go through that process here
`shortly.
`
`Now, the parties have prepared a statement that just
`summarizes from a very, very high level what this case is
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`Case 6:21-cv-00569-ADA Document 267 Filed 09/01/23 Page 11 of 78
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`about. And so I'm going to read to you the party's position.
`Now, this is not evidence. It's just a very high level
`summary to kind of orient you to what the case is about so you
`can have a better idea of why they might be asking some of the
`questions they are and kind of figure out how this is going
`along.
`
`Now, the one thing I do want to caution you and I'll
`probably caution you a few more times before we get through
`all this is don't try to prejudge the case in any way.
`Nothing you hear today is evidence. Everything you hear today
`is just going to be questions from the lawyers or the Court.
`It's not evidence, it's not going to help you decide the case.
`So keep an open mind.
`Don't try and guess where the case is going. And
`don't try to guess who should -- who you think should win or
`anything like that at this stage. Just listen, answer the
`questions openly, honestly, and we'll get through this process
`this morning.
`Now, as I said, this is the party's description of
`the case. This is a civil action for patent infringement
`related to technology used to stream video and other content
`across different devices. Specifically, the plaintiff, who's
`sitting closer to the jury box, Touchstream Technologies,
`accuses the defendant Google, who's sitting a little farther
`from the jury box, of infringing three of Touchstream's
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`Case 6:21-cv-00569-ADA Document 267 Filed 09/01/23 Page 12 of 78
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`patents based on Google's cast enabled devices, such as
`Chromecast and seeks damages. Google, on the other hand,
`denies that it has infringed the patents and contends that the
`patents in this case are invalid.
`Now that concludes the party's reading of the
`statements. What I'm going to do now is I'm going to ask you
`a few questions, just kind of some background things. And I
`want to start with asking, Mr. Dykal, if you will. Now will
`you stand and introduce yourself. And for now just introduce
`the legal team and your law firms.
`And ladies and gentlemen, listen closely because I
`want to see if anybody knows or thinks they know any of the
`lawyers or anybody on the legal teams.
`Whenever you're ready, Mr. Dykal.
`MR. DYKAL: Thank you, Your Honor. So my name is
`Ryan Dykal. And I'm with the law firm of Shook, Hardy &
`Bacon. This is Robert Reckers, my partner, who's also with
`Shook, Hardy & Bacon. This is Chris Dominic, who's here to
`assist us today. In the gallery, we have Sharon Israel, Gary
`Miller, Lauren Douville, and Jordan Bergsten.
`THE COURT: Okay. Ladies and gentlemen, does
`anybody know or think they know any of the people that Mr.
`Dykal just introduced or Mr. Dykal's law firm? All right. I
`see no paddles. So we're going to move on.
`Mr. Dykal, if you'll introduce your corporate
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`representative, and also, I'm going to ask you to read a list
`of the potential witnesses you might call in the case.
`And again, listen closely, because I'm going to ask
`the same question whether you know or think you know any of
`them.
`
`MR. DYKAL: Thank you, Your Honor.
`This is David Strober with Touchstream Technologies.
`And some of the witnesses we will call are: Herb Mitschele,
`also with Touchstream Technologies, Michael Rinzler with
`Touchstream Technologies, and then a number of witnesses from
`Google.
`
`THE COURT: Okay. And do you have or are any of
`those witnesses named, anybody you know specifically name
`wise. So let's go ahead and read those names.
`MR. DYKAL: So from Google, we intend to call Shanna
`Preve, Matt Van Der Staay, Michah Rupersburg, Majd Bakar and
`Amberish Kenghe.
`THE COURT: Okay. Very good. Thank you, Mr. Dykal.
`Does anybody know or think they know any of the names that Mr.
`Dykal just read or the gentlemen he introduced? All right. I
`see no paddles. So thank you, Mr. Dykal.
`Mr. Jones, if you'll do the same. Just starting
`with the legal team, introduce yourself, the law firms and the
`legal team involved.
`MR. JONES: Certainly. Thank you, Your Honor. Good
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`Case 6:21-cv-00569-ADA Document 267 Filed 09/01/23 Page 14 of 78
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`morning. My name is Mike Jones. I'm with the Potter Minton
`law firm from Tyler, Texas. And I represent Google. Also
`representing Google with me today are Mr. Greg Lanier and Ms.
`Tracy Stitt. And here assisting us are Angela Hickok
`(phonetic) and Mike Collins (phonetic). And that's our team,
`Your Honor.
`THE COURT: All right. Very good. Does anybody
`think they know Mr. Jones, or anyone that he just introduced?
`All right. I see no paddles.
`So if you will, Mr. Jones, introduce your corporate
`representatives and read your list of witnesses.
`MR. JONES: Thank you, Your Honor. Our corporate
`representative here today on behalf of Google is a Google
`Director of Engineering, Mr. Matt Van Der Staay. And our
`witnesses will be, Your Honor, Mr. Van Der Staay, Mr. Majd
`Bakar, Amberish Kenghe, Cory Robins, Dr. Ketan Mayer-Patel,
`and Christopher Martinez.
`THE COURT: All right. Thank you, Mr. Jones.
`Does anybody think they recognize any or do they
`recognize a corporate representative or think they represent
`recognize him or any of the names that were just read by Mr.
`Jones? All right. I see no hands, so we're going to continue
`on.
`
`Does anybody -- and this happens occasionally --
`does anybody recognize any of the court personnel? You know,
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`myself, the court staff, anybody you've dealt with on behalf
`of the court this morning? Does anybody think they know any
`of the court personnel?
`And we ask that question, because interestingly
`enough, I'll tell you some little inner workings of the court.
`We have a very vast library that the court uses. And so
`there's a lady out of San Antonio, who's our court librarian
`and is in charge of keeping up with all of the information we
`need for the library. And one time we had her sister on the
`jury panel. And occasionally, because we have several law
`enforcement officers working for the court, we'll get some
`people that know them through their law enforcement
`experience. So we just want to find out.
`But so let me ask just one more time to make it
`clear, since I've talked too much already. Does anybody think
`they recognize any of the court personnel they saw today? If
`so, please raise your paddle. All right. I see no paddles.
`How about each other? Does anybody know anyone else
`that's on the venire panel this morning? All right. And I
`always like to ask that. One time, we had, I think, eight
`people from the HEB distribution center in Temple. And it's
`good to know. And we were wondering if they were getting
`anything done at the distribution center that morning, but it
`happens occasionally. So I don't see any paddles. So we'll
`continue on.
`
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`Case 6:21-cv-00569-ADA Document 267 Filed 09/01/23 Page 16 of 78
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`Now, the parties anticipate that this case will take
`five days to try. And because trial will start this
`afternoon, it's very possible, I guess that it could spill
`over to next Monday. Unlikely, but it's possible. Now with
`that length of time, does anybody have a very concerning
`hardship or problem with sitting on a jury that could possibly
`spill over to next Monday? If you do, raise your paddles.
`All right.
`So I see Number 26 and 28. And if we could get a
`microphone to Number 26. And if you will, please stand up so
`we can all see you. I've got you. Is that Ms. Miller?
`JUROR MILLER: Yes, sir.
`THE COURT: Okay. And would you mind telling us
`what the hardship is? I'll put it that way.
`JUROR MILLER: Your Honor, I'm leaving on vacation
`on Saturday.
`THE COURT: Oh, okay. Okay. Are these
`pre-purchased tickets and all that sort of stuff --
`JUROR MILLER: Yes, sir.
`THE COURT: -- or reservations?
`JUROR MILLER: Yes, sir.
`THE COURT: All right. I'm not going to ask you
`where you go -- where you're planning on going, but I hope
`it's somewhere great. And a lot cooler than that.
`JUROR MILLER: Not exactly.
`WWW.LIBERTYTRANSCRIPTS.COM
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`Case 6:21-cv-00569-ADA Document 267 Filed 09/01/23 Page 17 of 78
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`17
`
`THE COURT: Oh, okay. All right. If we could get
`the microphone over to Juror 28. That's Ms. --
`JUROR 28: Yes, Your Honor. My husband has a heart
`doctor and liver appointment in Houston. And we've already
`had this booked like six months ago.
`THE COURT: Understood. Is that scheduled this week
`or next Monday?
`JUROR 28: It will be on Monday.
`THE COURT: Oh, next Monday. Okay. All right.
`Thank you. Is it, Ms. Dowdel (phonetic)? Okay. Thank you.
`Okay. Let me see. Now, has anybody -- does anybody think
`they've seen any what I'll call pre-trial publicity about the
`case? Any news articles, blog posts, anything like that?
`I don't think there's been anything in the news on
`it, but I've got to make sure. So if anybody thinks they've
`read or seen something about this lawsuit. Again, it's
`Touchstream versus Google, please raise your paddle. All
`right. So I don't see any paddles. So we'll keep moving
`along.
`
`All right, then. As I said, the jurors in the case
`will be the judges of the facts. Now, that means as a juror,
`you get to judge the credibility of the witnesses, and any
`evidence offered in the case. Some people have a real hard
`time with the idea of having to judge someone's credibility.
`So if anybody has an issue, or thinks they would have a
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`Case 6:21-cv-00569-ADA Document 267 Filed 09/01/23 Page 18 of 78
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`18
`problem judging the credibility of witnesses or the evidence,
`please raise your paddle. All right. I don't see any
`paddles. So we'll continue on.
`As I said, the jurors decide the facts. But the
`Court will decide what the law is. And that means that at the
`end of the case, the Court will give you some instructions on
`what the law is, and then you apply it to the facts as you
`find them.
`Now, does anybody think they would have any trouble
`following the law if the judge were to tell you that the law
`is different than what you thought it was before you came in?
`I mean, let me ask it this way. Would anybody have difficulty
`following the law if it didn't line up with what you thought
`it ought to be? If so, raise your paddle. All right. I
`don't see any paddles. So we'll continue. We will continue
`on. Let's see.
`Now, I'm going to tell you -- describe for you a
`couple, what we call burdens of proof, just to kind of orient
`you to the case and some of you, I know have served on
`criminal cases. This as I said, is a civil case. And in this
`case, you might hear two different burdens of proof mentioned.
`The first is called a preponderance of the evidence.
`And a preponderance of the evidence just means that the
`evidence demonstrates something is more likely true than not
`true. And I'll say that again. More likely true than not
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`Case 6:21-cv-00569-ADA Document 267 Filed 09/01/23 Page 19 of 78
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`19
`
`true. That's the typical standard of burden of proof that
`used in a civil case and might come up during questioning this
`morning.
`
`Now, the other standard of proof that might come up
`in a civil case is called clear and convincing evidence. Now,
`clear and convincing evidence means that type of evidence that
`creates an abiding conviction that the truth of the party's
`factual contentions are highly probable. I'll say that again.
`An abiding conviction that the truth of the party's
`contentions are highly probable. That's clear and convincing
`evidence.
`Now, I tell you both of these, because there's a
`third burden of proof that some of you may have heard, I'm
`sure, most everybody has, if not from a prior criminal case,
`but from watching movies and TV. And that's the standard or
`burden of proof applied in criminal cases. And that's beyond
`a reasonable doubt.
`And so if you were to put -- well, let me start over
`with beyond a reasonable doubt is a burden of proof used in
`criminal cases, and it has no place in this case. It does not
`apply to civil cases. But if you were to put the burdens of
`proof on a scale, from the highest burden of proof, that would
`be beyond a reasonable doubt on one end, to the lowest burden
`of proof, that would be preponderance of the evidence on the
`other end, clear and convincing evidence falls somewhere in
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`Case 6:21-cv-00569-ADA Document 267 Filed 09/01/23 Page 20 of 78
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`between, but it is not as high a burden as beyond a reasonable
`doubt, which beyond a reasonable doubt, as I said, has no
`place in this case at all.
`Now, I tell you that because you might get questions
`about it during voir dire. I'm not going to ask you any
`questions about it, I just give you those definitions to help
`orient you to the different burdens of proof that might apply.
`And with that -- oh, one last instruction I'll think
`I want to tell you is that it happens occasionally, not often.
`But sometimes a lawyer might ask you a question where you need
`to answer it but the answer would involve something that is
`highly sensitive for you, that you don't really want to
`discuss in front of everybody on the jury panel.
`It doesn't happen often, but if that does come up,
`let us know and we'll figure out a point in these proceedings
`this morning to where we can discuss it privately with you and
`the parties and myself, but not necessarily in front of
`everybody. So if something like that is asked and you want to
`answer but you're really, really, really concerned about the
`nature of your answer and you want to discuss it privately,
`just let us know, and we'll deal with it at the appropriate
`time.
`
`And so with that, Mr. Dykal, I'll turn it over to
`you. You have 20 minutes. Would you like a warning on your
`time?
`
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`Case 6:21-cv-00569-ADA Document 267 Filed 09/01/23 Page 21 of 78
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`21
`
`MR. DYKAL: (No audible response).
`THE COURT: Okay. How much warning do you want?
`MR. DYKAL: How about a three-minute warning.
`THE COURT: Okay, perfect.
`MR. DYKAL: Thank you.
`Good morning, everyone. So this case is going to
`involve technology. Some people are very comfortable with
`technology and some people not so much. Is there anyone here
`who feels like they're pretty comfortable with technology that
`the sort of person that friends and family would reach out to
`with computer issues?
`Yes, 24. What's your name, please? She's going to
`hand you a microphone.
`JUROR DARST: Annie Darst.
`MR. DYKAL: Thank you, Annie. Could you tell me a
`little bit about your familiarity with technology?
`JUROR DARST: I taught for 12 years, and I was a
`technology liaison on my campus when I taught in Temple. We
`use technology a lot and it got to a point where the kids had
`iPads or the Google version. I can't remember the name off
`the top my head. I'm tired.
`MR. DYKAL: Yeah.
`JUROR DARST: But I don't know. It's just --
`MR. DYKAL: Thank you.
`JUROR DARST: -- part of everyday life.
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`Case 6:21-cv-00569-ADA Document 267 Filed 09/01/23 Page 22 of 78
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`22
`
`MR. DYKAL: Yeah. No, thank you for that. I saw
`some other paddles. Any other paddles?
`25. Could you tell us a little bit about your
`familiarity with technology?
`JUROR LOGAN: My name is Dinah Logan. I'm an IT
`manager at Texas A&M. I mainly just maintain printers and
`computers. But for the most part, I maintain, like, my
`parents' printers, I mean, my parents' electronics. So that's
`why I said --
`MR. DYKAL: Yeah.
`JUROR LOGAN: -- people reach out to me.
`MR. DYKAL: Thank you. Were there any other paddles
`
`on that?
`
`Number 7.
`JUROR STREATER: Terry Streater. I'm actually
`retired now. My background is healthcare. I was normally a
`super user when it came to our electronic systems that we had.
`So that's the only reason that I --
`MR. DYKAL: Yeah. Thank you. Were there any other
`paddles on that question? Number 26.
`JUROR MILLER: My name is Jennifer Miller, and I'm a
`life sciences professor at a community college and I'm
`considered also a super user of our learning management
`system. And so I teach classes and things like that for my
`fellow coworkers.
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`Case 6:21-cv-00569-ADA Document 267 Filed 09/01/23 Page 23 of 78
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`23
`MR. DYKAL: Thank you. Kind of a similarly related
`question. Other than the people who already raised their
`paddles, is there anyone who has any special training in
`technology or websites?
`Okay, 13. Yes.
`JUROR SMETEK: Regan Smetek. I retired from the
`state of New Mexico. And when I -- just before I retired, I
`was the state director for children youth and families on
`their nutrition and family side. So I was charged with the
`development of a website where people could get into the
`website and file meals claimed. It's kind of like National
`School Lunch, but this is about the childcare side. Summer
`Food Program and Child and Adult Care Food Program. So I was
`pretty instrumental behind the development of that website.
`MR. DYKAL: Thank you for that. So this case also
`involves intellectual property. And in particular, it
`involves patents. Is there anyone here who's familiar with
`patents or has been involved in obtaining a patent or in a
`patent lawsuit before?
`What about copyrights or trademarks? Has anyone
`here ever been involved in obtaining copyrights or trademarks?
`Okay. This case also involves businesses, and in particular a
`startup. Has anyone here ever been involved in a startup?
`Number 9?
`JUROR MARTIN: Kenneth Martin. I've started several
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`Case 6:21-cv-00569-ADA Document 267 Filed 09/01/23 Page 24 of 78
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`businesses of different types, mostly through investments and
`such as that, but --
`MR. DYKAL: Thank you. Could you tell me a little
`bit about the businesses that you've started?
`JUROR MARTIN: Mostly real estate investment-type
`things and then managing those who are running them.
`MR. DYKAL: Okay. Thank you.
`15.
`JUROR PHILLIPS: Brad Phillips. I've been involved
`in starting up smaller to mid-sized pipeline construction
`companies.
`
`MR. DYKAL: Thank you.
`22.
`JUROR LOYA: I'm Karina Loya. I own our own medical
`practice. We have also started up a real estate company. And
`we also have another company that does the non-medical,
`non-insurance aspect of --
`MR. DYKAL: Thank you.
`Now, the defendant in this case is Google. Has
`anyone here ever heard of Google?
`(No audible response)
`MR. DYKAL: I suspected that might be the case. But
`one thing that's important is that we can remain neutral in
`this case. Does anybody here have like a very positive
`opinion of Google? Anyone here lean towards Google, like
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`Case 6:21-cv-00569-ADA Document 267 Filed 09/01/23 Page 25 of 78
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`their services, tell people that they are a fan of Google at
`all?
`(No audible response)
`MR. DYKAL: Okay. So obviously, this involves the
`legal process. Has anyone here ever been involved in a
`lawsuit?
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