throbber
Case 6:21-cv-01296-ADA Document 292-10 Filed 08/30/23 Page 1 of 16
`Case 6:21-cv-01296-ADA Document 292-10 Filed 08/30/23 Page 1 of 16
`
`EXHIBIT 10
`EXHIBIT 10
`
`
`

`

`Case 6:21-cv-01296-ADA Document 292-10 Filed 08/30/23 Page 2 of 16
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
`
`IOENGINE, LLC,
`Plaintiff/Counterclaim Defendant,
`
`v.
`
`ROKU, INC.,
`Defendant/Counterclaim Plaintiff.
`
`C.A. No. 6:21-cv-01296-ADA-DTG
`
`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 IOENGINE, LLC (“Plaintiff” or “IOENGINE”) and
`
`Defendant Roku, Inc. (“Defendant” or “Roku”) (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?
`
`

`

`Case 6:21-cv-01296-ADA Document 292-10 Filed 08/30/23 Page 3 of 16
`
`3)
`
`4)
`
`Do you have strong feelings either way about your ability to follow my instructions
`
`in a civil case like this where one party is seeking money damages from another?
`
`The plaintiff in this case, IOENGINE, alleges that Roku infringes IOENGINE’s
`
`patents. Roku alleges that it does not infringe IOENGINE’s patents and further,
`
`that IOENGINE’s patents are not valid. If you find that Roku infringes
`
`IOENGINE’s patents and that the patents are not invalid, could you award money
`
`damages?
`
`5)
`
`Based on your own opinions about money damages awarded in trial, would any of
`
`you have an issue with awarding a large amount of money damages in this case if
`
`you find for IOENGINE?
`
`6)
`
`7)
`
`Are any of you members of any organizations that seek to limit the number or
`
`lawsuits filed or limit money damages awarded in cases?
`
`The Court will instruct you as to how to determine whether or not a patent is
`
`infringed. Is there any reason you could not follow the Court’s instructions in this
`
`case as to how the jury should determine the issue of whether a patent is infringed?
`
`8)
`
`The Court will also instruct you as to how to determine whether or not a patent is
`
`invalid. Is there any reason you could not follow the Court’s instructions as to how
`
`the jury should determine the issue of whether a patent is invalid?
`
`9)
`
`Is there any reason, such as poor vision, difficulty hearing, another medical reason,
`
`or personal hardship, that would make it difficult for you to serve on this jury?
`
`Do you have difficulty understanding spoken or written English?
`
`10)
`
`[This case will involve electronic and computer programming technology related
`
`to streaming video and audio content. Do you have any difficulty with serving as
`
`a juror on a case such as this that involves this kind of technology?]
`
`2
`
`

`

`Case 6:21-cv-01296-ADA Document 292-10 Filed 08/30/23 Page 4 of 16
`
`11)
`
`12)
`
`Have you heard of, or have any knowledge of, the facts or events in this case?
`
`Have you, a relative, or a close friend had any experience with patents, patent law,
`
`patented technology, or the United States Patent and Trademark Office?
`
`13)
`
`Do you have any opinions about patents, patent rights, or the United States Patent
`
`and Trademark Office that might make it difficult for you to listen to the evidence
`
`with an open mind?
`
`14)
`
`Does anyone have a negative view of the way in which patents are awarded or
`
`enforced?
`
`15)
`
`[Who here feels that it is simply not their place to have to decide whether a patent
`
`is invalid or not, that’s solely the job of the U.S. Patent Office?]
`
`16)
`
`Do you, someone close to you, or your employer own patents? This case involves
`
`a patent dispute, including issues of patent infringement and patent invalidity. Have
`
`you, anyone close to you, or your employer ever been involved in a dispute about
`
`patent rights (either as an individual or as part of a company)?
`
`(a)
`
`Raise your hand if you have a negative view of intellectual property or
`
`patent lawsuits.
`
`(b)
`
`Can you please describe the circumstances of that dispute and how you (or
`
`a family member or close friend) were involved?
`
`17)
`
`Have you, a relative, or a close friend ever been involved in any other type of
`
`intellectual property dispute, for example a dispute over a copyright or trademark?
`
`(a)
`
`If so, how was that dispute resolved?
`
`18)
`
`Have you, a relative, or a close friend ever invented or designed anything?
`
`(a)
`
`If so, did you, your relative, or your friend consider applying for a patent?
`
`3
`
`

`

`Case 6:21-cv-01296-ADA Document 292-10 Filed 08/30/23 Page 5 of 16
`
`19)
`
`Have you ever worked in a job or had a hobby in which you created anything that
`
`you considered to be your intellectual property, such as creating artwork that you
`
`believe should be covered by copyright or trademark?
`
`20)
`
`Do any of you work for a company that relies, or that regularly applies for, and are
`
`regularly awarded patents?
`
`21)
`
`Have you personally, or has the company you worked for ever been, in your mind,
`
`falsely accused of any type of business wrongdoing or patent infringement?
`
`22)
`
`Have you, or any of your friends or family ever been employed by the United States
`
`Patent and Trademark Office?
`
`(a)
`
`If “yes,” please describe this employment.
`
`23)
`
`Have you, or any of your friends or family ever been employed in a position in
`
`which you or they dealt with intellectual property, including patents?
`
`(a)
`
`If “yes,” please describe this employment.
`
`24)
`
`Do you have any training, experience, or specialized knowledge relating to
`
`computers, portable devices, networks, computer software, app development, or
`
`audio/video technology?
`
`(a)
`
`If “yes,” please describe your experience.
`
`25)
`
`Do you have any background in licensing in general? In licensing intellectual
`
`property/patents specifically?
`
`26)
`
`Do you recognize or know anyone on the Court staff or whom you have come to
`
`recognize as being part of the Court staff?
`
`27)
`
`28)
`
`Do you recognize or know any of your fellow jurors?
`
`The lawyers and law firms involved in these cases are:
`
`4
`
`

`

`Case 6:21-cv-01296-ADA Document 292-10 Filed 08/30/23 Page 6 of 16
`
`
`
`
`
`Firms:
`
`○
`○
`○
`○
`
`Dechert LLP
`Duane Morris LLP
`Gillam and Smith, LLP
`Pakis, Giotes, Page & Burleson, P.C.
`
`Lawyers:
`
`○
`○
`○
`○
`○
`○
`○
`○
`○
`○
`○
`○
`o
`○
`○
`○
`○
`○
`
`Alec M. Royka
`Christopher M. Denney
`Christopher Ricciuti
`David N. Deaconson
`Derek J. Brader
`Elissa L. Sanford
`Gregory T. Chuebon
`Holly Elin Engelmann
`James Travis Underwood
`Jeffrey B. Plies
`Judah Bellin
`Luke M. Reilly
`Matthew C. Gaudet
`Melissa R. Smith
`Michael Fisher
`Michael H. Joshi
`Noah M. Leibowitz
`Tia D. Fenton
`
`Do any of you or your friends or family members know any of the attorneys or law firms I
`
`have just named?
`
`(a)
`
`(b)
`
`(c)
`
`Whom do you recognize or know?
`
`How do you know each other?
`
`Would that relationship affect your ability to give a fair trial to all of the
`
`parties in this case?
`
`(d)
`
`Have you, a family member, or a close friend ever worked for any of the
`
`parties or law firms in this case?
`
`29)
`
`The potential witnesses in this case are:
`
`
`
`Benjamin Combee
`
`5
`
`

`

`Case 6:21-cv-01296-ADA Document 292-10 Filed 08/30/23 Page 7 of 16
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`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`Bhavin Desai
`Cameron Baharloo
`Daniel Harkabi
`Dr. Ingrid Hsieh-Yee
`Dr. Kevin Butler
`Dr. Michael Mitzenmacher
`Dr. Michael Shamos
`Dr. Samuel Russ
`Eric Vasquez
`Frank Franze
`Gidon Elazar
`Julian Ackert
`Keith Webster
`Ken Goldsholl
`Kevin Bright
`Lally Narwal
`Lauren Kindler
`Leon Hounshell
`Louqman Parampath
`Mark Koffsky
`Prateek Tandon
`Qinjgi Zheng
`Robert K. Goethals
`Robin Edgell
`Saket Kumar
`Scott de Haas
`Scott McNulty
`Steven Sprich
`Timothy Yoo
`Tom Rzonca
`Walter Bratic
`Wim Michiels
`
`Are you familiar with any of these potential witnesses?
`
`(a)
`
`(b)
`
`(c)
`
`Whom do you recognize or know?
`
`How do you know each other?
`
`Would that relationship affect your ability to give a fair trial to all of the
`
`parties in this case?
`
`6
`
`

`

`Case 6:21-cv-01296-ADA Document 292-10 Filed 08/30/23 Page 8 of 16
`
`(d)
`
`Have you, a family member, or a close friend ever worked for any of the
`
`parties or law firms in this case?
`
`30)
`
`Have you or a member of your household ever worked in the legal field?
`
`(a)
`
`If “yes,” when, what was your job title and where did you work?
`
`31)
`
`Have you, a family member, or a close friend ever worked for any of the parties,
`
`IOENGINE and Roku, or law firms, Dechert LLP, Duane Morris LLP, Gillam and
`
`Smith, LLP, Pakis, Giotes, Page & Burleson, P.C., in this case?
`
`(a)
`
`Would that relationship affect your ability to give a fair trial to all of the
`
`parties in this case?
`
`32) Were any of you familiar with IOENGINE, LLC (simply “IOENGINE”) before
`
`today?
`
`33)
`
`Have any of you or someone close to you ever had a business relationship with
`
`IOENGINE?
`
`34)
`
`Does anyone have strong feelings about IOENGINE whether favorable or
`
`unfavorable?
`
`35) Were any of you familiar with Roku Inc. (or simply “Roku”) before today?
`
`36)
`
`Have any of you or someone close to you ever had a business relationship with
`
`Roku?
`
`37)
`
`38)
`
`Does anyone have strong feelings about Roku whether favorable or unfavorable?
`
`Do you have any interest, financial or otherwise, in the parties (IOENGINE or
`
`Roku) or the outcome of this case?
`
`(a)
`
`Would that relationship affect your ability to give a fair trial to all of the
`
`parties in this case?
`
`7
`
`

`

`Case 6:21-cv-01296-ADA Document 292-10 Filed 08/30/23 Page 9 of 16
`
`39)
`
`40)
`
`41)
`
`42)
`
`Have you ever started your own business either on your own or with someone else?
`
`Have you, or someone close to you, ever been formally accused of any kind of
`
`business wrongdoing?
`
`Do you currently hold a leadership position in any community organization?
`
`Do you currently or have you in the past worked, for a city, county, state, or federal
`
`government agency?
`
`(a)
`
`If “yes” please describe that employment.
`
`43)
`
`Other than family law matters, have you or anyone close to you ever been a
`
`plaintiff, defendant, or witness in a lawsuit or administrative complaint?
`
`Has anyone served on a jury in a civil case?
`
`Raise your hand if you have a negative view of civil lawsuits.
`
`Has anyone ever participated in a focus group or served as a mock juror that was
`
`44)
`
`45)
`
`46)
`
`related to patents?
`
`47)
`
`Have you read, watched, listened to, or heard about news reports regarding the
`
`defendant, Roku, whether recently or in the past?
`
`48)
`
`Do you use or have you ever used a Roku product?
`
`(a)
`
`If yes, what was your experience with that Roku product?
`
`49)
`
`Do you use or have you ever used a streaming device other than a Roku streaming
`
`player, for example Apple TV, Amazon Fire TV, Chromecast with Google, etc.?
`
`(a)
`
`If yes, what was your experience with those products?
`
`50)
`
`Are any of you the designated tech person in your family or among your friends –
`
`i.e., the one who has to set up new devices and teach the rest of the family how to
`
`use them?
`
`8
`
`

`

`Case 6:21-cv-01296-ADA Document 292-10 Filed 08/30/23 Page 10 of 16
`
`51)
`
`By contrast, would any of you describe yourselves as not tech savvy or generally
`
`uncomfortable with technology?
`
`52)
`
`Have you ever worked for a small business or a startup company? If so, please
`
`explain.
`
`53)
`
`Do you know of any other matter which you believe should be called to the Court’s
`
`attention as having some bearing upon your qualifications or ability to sit as a juror,
`
`or which you think may prevent you from rendering a fair and impartial verdict?
`
`54)
`
`55)
`
`Does anyone feel that you may not be able to judge this case fairly and impartially?
`
`If you’re selected to sit as a juror on this case, will you be able and willing to render
`
`a verdict based solely on the evidence presented at trial and the law as Judge
`
`Albright gives it to you in his instructions – disregarding any other ideas, notions,
`
`or beliefs about the law you may have encountered in reaching your verdict?
`
`56)
`
`All of us here today bring certain experiences, training, or education that may
`
`influence the way we see the issues in this case. I’m going to read to you a list of
`
`different industries. If any of you, or someone you know well, has had any training,
`
`education, or experience in any of the following areas, please raise your hand:
`
`(a)
`
`Issuing patents, copyrights, trademarks, or laws relating to patents,
`
`(b)
`
`(c)
`
`(d)
`
`(e)
`
`(f)
`
`copyrights or trademarks?
`
`Information technology?
`
`Business/Finance/Accounting?
`
`High technology computer systems, either hardware or software?
`
`Corporate product development?
`
`Streaming technology?
`
`9
`
`

`

`Case 6:21-cv-01296-ADA Document 292-10 Filed 08/30/23 Page 11 of 16
`
`57)
`
`58)
`
`Do you have a leadership role at work or as a volunteer?
`
`Do you occasionally or frequently run meetings?
`
`II.
`
`PROPOSED JUROR QUESTIONNAIRE
`
`See standalone attached Juror Questionnaire.
`
`The parties also reserve the right to ask additional questions of each juror based on the
`
`responses by each potential juror to the juror questionnaire.
`
`10
`
`

`

`Case 6:21-cv-01296-ADA Document 292-10 Filed 08/30/23 Page 12 of 16
`
`Respectfully submitted on this 30th day of
`August, 2023,
`
`/s/ Gregory T. Chuebon
`Noah M. Leibowitz (pro hac vice)
`NYSBA: 3034980
`Gregory T. Chuebon (pro hac vice)
`NYSBA: 4589057
`DECHERT LLP
`1095 Avenue of the Americas
`New York, NY 10036
`(212) 698-3500
`(212) 698-3599 (fax)
`noah.leibowitz@dechert.com
`greg.chuebon@dechert.com
`
`Jeffrey B. Plies
`SBOTX: 24027621
`DECHERT LLP
`515 Congress Avenue, Suite 1400
`Austin, TX 78701
`(512) 394-3000
`(512) 394-3001 (fax)
`jeff.plies@dechert.com
`Counsel for Plaintiff and Counterclaim
`Defendant IOENGINE, LLC
`
`/s/ Holly Elin Engelmann
`Tia D. Fenton (pro hac vice)
`Christopher Ricciuti (pro hac vice)
`Elissa L. Sanford (pro hac vice)
`Alec M. Royka (pro hac vice)
`DUANE MORRIS LLP
`901 New York Avenue, N.W.
`Suite 700-East
`Washington, D.C. 20001
`T: 202-776-7800
`TDFenton@duanemorris.com
`CRicciuti@duanemorris.com
`ARoyka@duanemorris.com
`ESanford@duanemorris.com
`
`Holly Elin Engelmann
`Texas Bar No.: 24040865
`hengelmann@duanemorris.com
`DUANE MORRIS LLP
`Las Cimas IV
`900 S. Capital of Texas Hwy, Suite 300
`Austin, TX 78746
`(214) 257-7226
`(214) 292-9454 (fax)
`
`David N. Deaconson
`SBOTX: 05673400
`PAKIS, GIOTES, PAGE & BURLESON,
`P.C.
`400 Austin Avenue
`Waco, TX 76701
`(254) 297-7300
`deaconson@pakislaw.com
`Counsel for Defendant and Counterclaim
`Plaintiff Roku, Inc
`
`11
`
`

`

`Case 6:21-cv-01296-ADA Document 292-10 Filed 08/30/23 Page 13 of 16
`
`JURY QUESTIONNAIRE
`
`Date of Birth:
`
`Age:
`
`Birthplace:
`
`Name:
`
`Gender:
`
`Address:
`
`How long have you lived at your current home or residence?
`
`Education:
`
`Highest grade/degree completed:
`College or Vocational School:
`Major or Area(s) of Study:
`
`Employment:
`
`Full-time ☐ Part-time ☐ Student ☐ Unemployed-Seeking Work ☐ Retired ☐
`
`Disabled ☐ Other ☐
`
`If “Other,” please described:
`
`Occupation:
`
`Describe Job Duties:
`
`Employer (current or most recent):
`
`Previous Jobs (if any):
`
`Job Title:
`
`Have you ever worked in a position in which you supervised others:
`
`Yes ☐ No ☐
`
`In what area(s) have you received special education or training?
`
`Have you ever served in the military: Yes ☐ No ☐
`
`If yes, what branch, and what was the highest rank you achieved?
`
`Are you currently married or living with a significant other? Yes ☐ No ☐
`
`If your spouse/significant other works, who is his/her employer?
`
`Occupation(s) of other adults in your household:
`
`Number of children:
`
`Ages of children:
`
`Occupation(s) of adult children:
`
`Regarding lawsuits (other than a divorce), have you been a: [Check all that apply]
`
`Plaintiff ☐ Defendant ☐ Witness ☐ Unsure ☐ Never been involved in a lawsuit ☐
`
`Please explain:
`
`

`

`Case 6:21-cv-01296-ADA Document 292-10 Filed 08/30/23 Page 14 of 16
`
`Do you have strong opinions about lawsuits and the people who bring them?
`
`Yes ☐ No ☐ Unsure ☐
`
`If yes, please explain:
`
`Have you ever worked for the government (local, state or federal)? Yes ☐ No ☐
`
`If yes, please explain:
`
`Have you or anyone close to you ever worked at a job where you or they were involved in the development or
`marketing of new products? Yes ☐ No ☐
`
`If yes, please explain:
`
`Please list any clubs, groups, churches, unions, fellowships or other religious or civic organizations to which you
`
`belong, as well as any leadership positions you have held there:
`
`Where do you get most of yours news? Television ☐ Newspapers ☐ Magazines ☐ Radio ☐
`
`Websites ☐ Social Media ☐
`
`For the news source listed above, please indicate the network, publication, station or website:
`
`Do you have special knowledge, training, education or work experience in any of the following areas?
`
`(In the chart below, please place a checkmark in the box next to any that are applicable):
`
`Law, law firms, court system
`
`Computer hardware
`
`W-Fi/Networking
`
`Electrical engineering
`
`Consumer electronics
`
`Coding/Computer Science
`
`IT
`
`Psychology
`
`☐
`
`☐
`
`☐
`
`☐
`
`☐
`
`☐
`
`☐
`
`☐
`
`Patents, copyrights or trademarks
`
`Software or App development
`
`Research and Development
`
`Licensing/Business Contracts
`
`Electronic streaming media
`
`Streaming media providers such as
`Apple, Amazon, Google, Roku, etc.
`
`Sales or Advertising
`
`Finance, Accounting or Economics
`
`☐
`
`☐
`
`☐
`
`☐
`
`☐
`
`☐
`
`☐
`
`☐
`
`

`

`Case 6:21-cv-01296-ADA Document 292-10 Filed 08/30/23 Page 15 of 16
`
`What are your hobbies and interest?
`
`Before this case, had you ever heard of the following companies:
`
`IOENGINE
`
`Yes ☐ No ☐
`
`Roku
`
`
`
`Yes ☐ No ☐
`
`If yes for either company, briefly explain:
`
`Have you or someone close to you ever invented, patented or designed anything?
`
`Yes, Self ☐ Yes, Someone Else ☐ No ☐
`
`If “yes”, who invented, patented, or designed it?
`
`If “yes,” what was patented, invented or designed?
`
`Have you or someone close to you ever applied for a patent?
`
`Yes, Self ☐ Yes, Someone Else ☐ No ☐
`If “yes”, was a patent granted? Yes ☐ No ☐
`If “yes”, please describe what was covered by the patent and whether a patent was granted:
`
`Have you or an immediate family member ever owned a business: Yes ☐ No ☐
`
`If “yes,” please indicate type of business and the year sit was owned?
`
`Have you or an immediate family member ever been an officer, director, or member of a corporation, partnership,
`or limited liability company? Yes ☐ No ☐
`
`If yes, please describe:
`
`What is your opinion of large corporations in general? Very Positive ☐ Someone Positive ☐
`
`Somewhat Negative ☐ Very Negative ☐
`
`How familiar are you with streaming devices? Not at all ☐ Only a little ☐ Somewhat ☐ Very ☐
`
`Have you ever used any IOENGINE product or service? Yes ☐ No ☐
`
`Have you ever owned or operated a Roku streaming device: Yes ☐ No ☐
`
`If yes, how often do you use the Roku streaming device:
`
`

`

`Case 6:21-cv-01296-ADA Document 292-10 Filed 08/30/23 Page 16 of 16
`
`Daily ☐ Weekly ☐ Few times a month ☐ Every few months ☐ Rarely or never ☐
`
`Have you ever owned or operated a video streaming device other than a Roku (for example, Apple TV, Amazon
`Fire TV, Google Chromecast?)
`Yes ☐ No ☐ Uncertain ☐
`
`If yes, how often do you use the video streaming device:
`Daily ☐ Weekly ☐ Few times a month ☐ Every few months ☐ Rarely or never ☐
`
`Have you, anyone you know, or your employer ever been involved in a dispute or lawsuit with regards to a patent
`or other proprietary information? Yes ☐ No ☐
`
`Have you ever served as a juror before: No ☐ Yes, in a civil case ☐ Yes, in a criminal case ☐
`
`Yes in both civil and criminal cases ☐
`
`If “yes,” what was the subject matter of case(s)?
`If “yes,” were you the foreperson? Yes ☐ No ☐
`If “yes,” did the jury reach a verdict?
`
`Do you have a hardship or other personal issue that would affect or prevent your ability to serve as a
`
`juror in a case scheduled for trial from October 16 to October 20, 2023 in Waco?
`
`Yes ☐ No ☐ Uncertain ☐
`
`If “yes,” describe hardship.
`
`Is there anything else we should know about your ability to serve as a juror on a patent case, such as this? Yes ☐
`No ☐
`If “yes,” please describe: ______________________
`
`

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