`Case 6:21-cv-01296-ADA Document 292-10 Filed 08/30/23 Page 1 of 16
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`EXHIBIT 10
`EXHIBIT 10
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`Case 6:21-cv-01296-ADA Document 292-10 Filed 08/30/23 Page 2 of 16
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
`WACO DIVISION
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`IOENGINE, LLC,
`Plaintiff/Counterclaim Defendant,
`
`v.
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`ROKU, INC.,
`Defendant/Counterclaim Plaintiff.
`
`C.A. No. 6:21-cv-01296-ADA-DTG
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`JURY TRIAL DEMANDED
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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 IOENGINE, LLC (“Plaintiff” or “IOENGINE”) and
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`Defendant Roku, Inc. (“Defendant” or “Roku”) (collectively, “the Parties”) submit the following
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`proposed questions for voir dire examination at trial and jury 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)
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`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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`3)
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`4)
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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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`The plaintiff in this case, IOENGINE, alleges that Roku infringes IOENGINE’s
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`patents. Roku alleges that it does not infringe IOENGINE’s patents and further,
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`that IOENGINE’s patents are not valid. If you find that Roku infringes
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`IOENGINE’s patents and that the patents are not invalid, could you award money
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`damages?
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`5)
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`Based on your own opinions about money damages awarded in trial, would any of
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`you have an issue with awarding a large amount of money damages in this case if
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`you find for IOENGINE?
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`6)
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`7)
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`Are any of you members of any organizations that seek to limit the number or
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`lawsuits filed or limit money damages awarded in cases?
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`The Court will instruct you as to how to determine whether or not a patent is
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`infringed. Is there any reason you could not follow the Court’s instructions in this
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`case as to how the jury should determine the issue of whether a patent is infringed?
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`8)
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`The Court will also instruct you as to how to determine whether or not a patent is
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`invalid. Is there any reason you could not follow the Court’s instructions as to how
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`the jury should determine the issue of whether a patent is invalid?
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`9)
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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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`Do you have difficulty understanding spoken or written English?
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`10)
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`[This case will involve electronic and computer programming technology related
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`to streaming video and audio content. Do you have any difficulty with serving as
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`a juror on a case such as this that involves this kind of technology?]
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`2
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`Case 6:21-cv-01296-ADA Document 292-10 Filed 08/30/23 Page 4 of 16
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`11)
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`12)
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`Have you heard of, or have any knowledge of, the facts or events in this case?
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`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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`13)
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`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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`14)
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`Does anyone have a negative view of the way in which patents are awarded or
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`enforced?
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`15)
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`[Who here feels that it is simply not their place to have to decide whether a patent
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`is invalid or not, that’s solely the job of the U.S. Patent Office?]
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`16)
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`Do you, someone close to you, or your employer own patents? This case involves
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`a patent dispute, including issues of patent infringement and patent invalidity. Have
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`you, anyone close to you, or your employer ever been involved in a dispute about
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`patent rights (either as an individual or as part of a company)?
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`(a)
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`Raise your hand if you have a negative view of intellectual property or
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`patent lawsuits.
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`(b)
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`Can you please describe the circumstances of that dispute and how you (or
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`a family member or close friend) were involved?
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`17)
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`Have you, a relative, or a close friend ever been involved in any other type of
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`intellectual property dispute, for example a dispute over a copyright or trademark?
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`(a)
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`If so, how was that dispute resolved?
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`18)
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`Have you, a relative, or a close friend ever invented or designed anything?
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`(a)
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`If so, did you, your relative, or your friend consider applying for a patent?
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`3
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`Case 6:21-cv-01296-ADA Document 292-10 Filed 08/30/23 Page 5 of 16
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`19)
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`Have you ever worked in a job or had a hobby in which you created anything that
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`you considered to be your intellectual property, such as creating artwork that you
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`believe should be covered by copyright or trademark?
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`20)
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`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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`21)
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`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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`22)
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`Have you, or any of your friends or family ever been employed by the United States
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`Patent and Trademark Office?
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`(a)
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`If “yes,” please describe this employment.
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`23)
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`Have you, or any of your friends or family ever been employed in a position in
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`which you or they dealt with intellectual property, including patents?
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`(a)
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`If “yes,” please describe this employment.
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`24)
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`Do you have any training, experience, or specialized knowledge relating to
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`computers, portable devices, networks, computer software, app development, or
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`audio/video technology?
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`(a)
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`If “yes,” please describe your experience.
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`25)
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`Do you have any background in licensing in general? In licensing intellectual
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`property/patents specifically?
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`26)
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`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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`27)
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`28)
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`Do you recognize or know any of your fellow jurors?
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`The lawyers and law firms involved in these cases are:
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`4
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`Case 6:21-cv-01296-ADA Document 292-10 Filed 08/30/23 Page 6 of 16
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`Firms:
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`○
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`○
`○
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`Dechert LLP
`Duane Morris LLP
`Gillam and Smith, LLP
`Pakis, Giotes, Page & Burleson, P.C.
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`Lawyers:
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`○
`○
`○
`○
`○
`○
`○
`○
`○
`○
`○
`○
`o
`○
`○
`○
`○
`○
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`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
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`Do any of you or your friends or family members know any of the attorneys or law firms I
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`have just named?
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`(a)
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`(b)
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`(c)
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`Whom do you recognize or know?
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`How do you know each other?
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`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)
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`Have you, a family member, or a close friend ever worked for any of the
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`parties or law firms in this case?
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`29)
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`The potential witnesses in this case are:
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`
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`Benjamin Combee
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`5
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`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
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`Are you familiar with any of these potential witnesses?
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`(a)
`
`(b)
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`(c)
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`Whom do you recognize or know?
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`How do you know each other?
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`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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`6
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`Case 6:21-cv-01296-ADA Document 292-10 Filed 08/30/23 Page 8 of 16
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`(d)
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`Have you, a family member, or a close friend ever worked for any of the
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`parties or law firms in this case?
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`30)
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`Have you or a member of your household ever worked in the legal field?
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`(a)
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`If “yes,” when, what was your job title and where did you work?
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`31)
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`Have you, a family member, or a close friend ever worked for any of the parties,
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`IOENGINE and Roku, or law firms, Dechert LLP, Duane Morris LLP, Gillam and
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`Smith, LLP, Pakis, Giotes, Page & Burleson, P.C., in this case?
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`(a)
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`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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`32) Were any of you familiar with IOENGINE, LLC (simply “IOENGINE”) before
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`today?
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`33)
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`Have any of you or someone close to you ever had a business relationship with
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`IOENGINE?
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`34)
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`Does anyone have strong feelings about IOENGINE whether favorable or
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`unfavorable?
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`35) Were any of you familiar with Roku Inc. (or simply “Roku”) before today?
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`36)
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`Have any of you or someone close to you ever had a business relationship with
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`Roku?
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`37)
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`38)
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`Does anyone have strong feelings about Roku whether favorable or unfavorable?
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`Do you have any interest, financial or otherwise, in the parties (IOENGINE or
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`Roku) or the outcome of this case?
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`(a)
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`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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`7
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`Case 6:21-cv-01296-ADA Document 292-10 Filed 08/30/23 Page 9 of 16
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`39)
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`40)
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`41)
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`42)
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`Have you ever started your own business either on your own or with someone else?
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`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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`Do you currently hold a leadership position in any community organization?
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`Do you currently or have you in the past worked, for a city, county, state, or federal
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`government agency?
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`(a)
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`If “yes” please describe that employment.
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`43)
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`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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`Has anyone served on a jury in a civil case?
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`Raise your hand if you have a negative view of civil lawsuits.
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`Has anyone ever participated in a focus group or served as a mock juror that was
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`44)
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`45)
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`46)
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`related to patents?
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`47)
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`Have you read, watched, listened to, or heard about news reports regarding the
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`defendant, Roku, whether recently or in the past?
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`48)
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`Do you use or have you ever used a Roku product?
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`(a)
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`If yes, what was your experience with that Roku product?
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`49)
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`Do you use or have you ever used a streaming device other than a Roku streaming
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`player, for example Apple TV, Amazon Fire TV, Chromecast with Google, etc.?
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`(a)
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`If yes, what was your experience with those products?
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`50)
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`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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`8
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`Case 6:21-cv-01296-ADA Document 292-10 Filed 08/30/23 Page 10 of 16
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`51)
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`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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`52)
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`Have you ever worked for a small business or a startup company? If so, please
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`explain.
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`53)
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`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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`54)
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`55)
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`Does anyone feel that you may not be able to judge this case fairly and impartially?
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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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`56)
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`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)
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`Issuing patents, copyrights, trademarks, or laws relating to patents,
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`(b)
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`(c)
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`(d)
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`(e)
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`(f)
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`copyrights or trademarks?
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`Information technology?
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`Business/Finance/Accounting?
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`High technology computer systems, either hardware or software?
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`Corporate product development?
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`Streaming technology?
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`9
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`Case 6:21-cv-01296-ADA Document 292-10 Filed 08/30/23 Page 11 of 16
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`57)
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`58)
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`Do you have a leadership role at work or as a volunteer?
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`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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`10
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`Case 6:21-cv-01296-ADA Document 292-10 Filed 08/30/23 Page 12 of 16
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`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
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`11
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`Case 6:21-cv-01296-ADA Document 292-10 Filed 08/30/23 Page 13 of 16
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`JURY QUESTIONNAIRE
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`Date of Birth:
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`Age:
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`Birthplace:
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`Name:
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`Gender:
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`Address:
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`How long have you lived at your current home or residence?
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`Education:
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`Highest grade/degree completed:
`College or Vocational School:
`Major or Area(s) of Study:
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`Employment:
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`Full-time ☐ Part-time ☐ Student ☐ Unemployed-Seeking Work ☐ Retired ☐
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`Disabled ☐ Other ☐
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`If “Other,” please described:
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`Occupation:
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`Describe Job Duties:
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`Employer (current or most recent):
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`Previous Jobs (if any):
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`Job Title:
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`Have you ever worked in a position in which you supervised others:
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`Yes ☐ No ☐
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`In what area(s) have you received special education or training?
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`Have you ever served in the military: Yes ☐ No ☐
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`If yes, what branch, and what was the highest rank you achieved?
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`Are you currently married or living with a significant other? Yes ☐ No ☐
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`If your spouse/significant other works, who is his/her employer?
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`Occupation(s) of other adults in your household:
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`Number of children:
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`Ages of children:
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`Occupation(s) of adult children:
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`Regarding lawsuits (other than a divorce), have you been a: [Check all that apply]
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`Plaintiff ☐ Defendant ☐ Witness ☐ Unsure ☐ Never been involved in a lawsuit ☐
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`Please explain:
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`Case 6:21-cv-01296-ADA Document 292-10 Filed 08/30/23 Page 14 of 16
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`Do you have strong opinions about lawsuits and the people who bring them?
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`Yes ☐ No ☐ Unsure ☐
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`If yes, please explain:
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`Have you ever worked for the government (local, state or federal)? Yes ☐ No ☐
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`If yes, please explain:
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`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 ☐
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`If yes, please explain:
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`Please list any clubs, groups, churches, unions, fellowships or other religious or civic organizations to which you
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`belong, as well as any leadership positions you have held there:
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`Where do you get most of yours news? Television ☐ Newspapers ☐ Magazines ☐ Radio ☐
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`Websites ☐ Social Media ☐
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`For the news source listed above, please indicate the network, publication, station or website:
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`Do you have special knowledge, training, education or work experience in any of the following areas?
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`(In the chart below, please place a checkmark in the box next to any that are applicable):
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`Law, law firms, court system
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`Computer hardware
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`W-Fi/Networking
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`Electrical engineering
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`Consumer electronics
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`Coding/Computer Science
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`IT
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`Psychology
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`☐
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`☐
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`☐
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`☐
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`☐
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`☐
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`☐
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`☐
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`Patents, copyrights or trademarks
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`Software or App development
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`Research and Development
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`Licensing/Business Contracts
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`Electronic streaming media
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`Streaming media providers such as
`Apple, Amazon, Google, Roku, etc.
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`Sales or Advertising
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`Finance, Accounting or Economics
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`☐
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`☐
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`☐
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`☐
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`☐
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`☐
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`☐
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`☐
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`Case 6:21-cv-01296-ADA Document 292-10 Filed 08/30/23 Page 15 of 16
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`What are your hobbies and interest?
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`Before this case, had you ever heard of the following companies:
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`IOENGINE
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`Yes ☐ No ☐
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`Roku
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`
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`Yes ☐ No ☐
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`If yes for either company, briefly explain:
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`Have you or someone close to you ever invented, patented or designed anything?
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`Yes, Self ☐ Yes, Someone Else ☐ No ☐
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`If “yes”, who invented, patented, or designed it?
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`If “yes,” what was patented, invented or designed?
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`Have you or someone close to you ever applied for a patent?
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`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 ☐
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`If “yes,” please indicate type of business and the year sit was owned?
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`Have you or an immediate family member ever been an officer, director, or member of a corporation, partnership,
`or limited liability company? Yes ☐ No ☐
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`If yes, please describe:
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`What is your opinion of large corporations in general? Very Positive ☐ Someone Positive ☐
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`Somewhat Negative ☐ Very Negative ☐
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`How familiar are you with streaming devices? Not at all ☐ Only a little ☐ Somewhat ☐ Very ☐
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`Have you ever used any IOENGINE product or service? Yes ☐ No ☐
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`Have you ever owned or operated a Roku streaming device: Yes ☐ No ☐
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`If yes, how often do you use the Roku streaming device:
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`Case 6:21-cv-01296-ADA Document 292-10 Filed 08/30/23 Page 16 of 16
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`Daily ☐ Weekly ☐ Few times a month ☐ Every few months ☐ Rarely or never ☐
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`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 ☐
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`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 ☐
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`Have you ever served as a juror before: No ☐ Yes, in a civil case ☐ Yes, in a criminal case ☐
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`Yes in both civil and criminal cases ☐
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`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?
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`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 ☐
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`If “yes,” describe hardship.
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`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: ______________________
`
`