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`ARENDI S.A.R.L.,
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`GOOGLE LLC,
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`Defendant.
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`Plaintiff,
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`v.
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`C.A. No. 13-919-JLH
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`Case 1:13-cv-00919-JLH Document 455 Filed 04/11/23 Page 1 of 4 PageID #: 48784
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`ORDER AFTER PRETRIAL CONFERENCE
`Now, this 11 day of April 2023, upon consideration of the Proposed Pretrial Order (D.I.
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`442; D.I. 443) and for the reasons extensively discussed at the pretrial conference held on April
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`6, 2023, IT IS HEREBY ORDERED that:
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`1.
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`The Proposed Pretrial Order (D.I. 442; D.I. 443) will be ADOPTED as modified
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`by this order and any discussion at the pretrial conference, which the parties are expected to
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`incorporate into a revised pretrial order that must be filed on or before April 14, 2023.
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`2.
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`A jury trial will begin with jury selection and preliminary jury instructions on
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`Friday, April 21, 2023, at 9:00 a.m. Opening statements and trial will begin on Monday, April
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`24 at 9:00 a.m. Due to a public event being held at the courthouse on April 28, 2023, trial
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`will conclude for the week on Thursday, April 27 and resume the following Monday, May
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`1. Each party should be prepared to present its case until 4:30 p.m. of each trial day.
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`3.
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`The trial is timed. Each side is allowed 14.5 hours for its opening statement, its
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`direct and cross examination of witnesses, and closing statements. Time during the trial day that
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`1
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`Case 1:13-cv-00919-JLH Document 455 Filed 04/11/23 Page 2 of 4 PageID #: 48785
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`does not neatly fit into one of those categories will be attributed to one side or the other as the
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`Court thinks most appropriate.
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`4.
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`Trial counsel are to be present and ready to proceed at 8:30 a.m. on April 21 and
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`on each and every day thereafter of trial. Counsel should understand that there may be long lines
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`to enter the courthouse (particularly when the jury is being selected) and should plan
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`accordingly. There will be up to an hour for lunch and a fifteen-minute break in both the
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`morning and the afternoon.
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`5.
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`Issues that need to be addressed outside the presence of the jury will be taken up
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`at 8:30 a.m., at the lunch break, at the end of the day, or at such other time that the Court
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`determines. As explained at the pretrial conference, issues related to deposition designations
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`must be brought to the attention of the Court’s Courtroom Deputy by 6:00 p.m. the night before
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`the witness is to be called. The parties shall provide the Court with the following: (i) a copy of
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`the entire deposition testimony of the witness at issue, clearly highlighting the designations,
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`counter-designations, and pending objections; and (ii) a cover letter clearly identifying the
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`pending objections as well as a brief indication (i.e., no more than one sentence per objection) of
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`the basis for the objection and the offering party’s response to it. Other issues, including
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`objections to anticipated exhibits or demonstratives, must be brought to the Court’s attention by
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`7:00 a.m. on the day on which the evidence objected to will be adduced.
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`6.
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`As explained at the Pretrial Conference, the parties must provide the Court on or
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`before noon on Friday, April 21 with electronic versions of all trial exhibits on the exhibit list in
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`a single folder. The trial exhibits should be named with their exhibit numbers (i.e., JTX, PTX, or
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`DTX) and organized in ascending numerical order. Additionally, at the beginning of each trial
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`day, the parties shall provide to the Court three additional copies of any witness binders
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`2
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`Case 1:13-cv-00919-JLH Document 455 Filed 04/11/23 Page 3 of 4 PageID #: 48786
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`containing the exhibits and demonstratives (if any) to be used on direct examination and cross-
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`examination of any witnesses expected to be called that day.
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`7.
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`On or before April 19, the parties must file a letter attaching a list of witness
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`names and a glossary of technical terms for the court reporter.
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`8.
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`The Court expects to hold a charge conference after the close of testimony on
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`Monday, May 1. Unless otherwise ordered, Plaintiff is responsible for the preparation and
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`revising of the jury instructions and verdict form that will be given to the jury. The Court
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`expects to give the bulk of the jury instructions before the closing arguments are made.
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`9.
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`The motions in limine (“MIL”) were discussed at the pretrial conference. Most
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`were resolved. Arendi’s first MIL (D.I. 442, Ex. 8P) concerning damages models from other
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`judicial actions was DENIED. The parties must rely upon the transcript for a full understanding
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`of the ruling. Arendi’s second MIL (id.) requesting the Court preclude Google’s fact witnesses
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`from presenting expert testimony is DENIED without prejudice to reraise at the appropriate time
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`should specific concerns arise. The parties must rely upon the transcript for a full understanding
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`of the ruling. Arendi’s third MIL (id.) to preclude Google from acting inconsistent with the
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`Court’s prior orders was taken under advisement after it became clear that Arendi was
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`specifically concerned about certain prior art that may or may not be implicated depending on
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`Google’s obviousness combinations. The Court ordered the parties to meet and confer after
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`Google discloses its obviousness combinations and submit a letter to the Court if a dispute
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`remains. Google’s first MIL (D.I. 443, Ex. 8D) was GRANTED-IN-PART. Arendi shall not ask
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`Mr. Weinstein about revenue Google earns from selling or monetizing user data or reference or
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`introduce the article that Mr. Weinstein submitted for the first time in his supplemental reply
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`report to support his claim that Google monetizes user data (see id., Ex. 8D-1). Arendi may ask
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`3
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`Case 1:13-cv-00919-JLH Document 455 Filed 04/11/23 Page 4 of 4 PageID #: 48787
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`Mr. Weinstein in general terms about revenue Google earns from advertising but shall not, in any
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`way, put a number on Google’s advertising revenue. The parties must rely upon the transcript
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`for a full understanding of the ruling. Google’s second MIL (id.) concerning asserted claims 1
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`and 8 was DENIED. Google’s third MIL (id.) requesting the Court preclude Arendi from
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`commenting on absent witnesses was GRANTED. Neither party shall reference the presence or
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`absence of any party’s corporate representative, employee, or other witness. If a party wants to
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`make an argument that it could not call an opposing party’s absent witness itself and wants to
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`instruct the jury to draw an inference from the witness’s absence, the party shall raise the issue
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`with the Court before any argument is made.
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`10.
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`Any trial logistics should be coordinated through the Courtroom Deputy.
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`IT IS FURTHER ORDERED, upon consideration of the parties’ briefing, and for the
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`reasons discussed at the pretrial conference:
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`11.
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`Google’s Motion to Strike Portions of Mr. Roy Weinstein's Supplemental Expert
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`Reports Regarding Damages (D.I. 419) is DENIED.
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`Google’s Motion for Clarification of Claim Construction (D.I. 421) is DENIED.
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`The transcript from the April 6, 2023 hearing shall serve as the Order of the
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`12.
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`13.
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`Court.
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`Date: April 11, 2023
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` _______________________________
`The Honorable Jennifer L. Hall
`United States Magistrate Judge
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`4
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