Case 6:12-cv-00855-RWS Document 433 Filed 02/04/16 Page 1 of 274 PageID #: 31501
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`1
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`CIVIL ACTION NO.
`
`6:12-cv-855-RWS
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`(Lead Consolidated Case)
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`Tyler, Texas
`
`January 25, 2016
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`9:14 a.m.
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`VIRNETX INC. AND SCIENCE
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`APPLICATIONS INTERNATIONAL
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`CORPORATION,
`
`Plaintiffs,
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`VS.
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`APPLE INC.,
`
`Defendant.
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`---------------------------------------------------------
`
`REPORTER'S TRANSCRIPT OF JURY TRIAL, VOLUME 1
`
`BEFORE THE HONORABLE ROBERT W. SCHROEDER III
`
`UNITED STATES DISTRICT JUDGE
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`---------------------------------------------------------
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`1
`
`CIVIL ACTION NO.
`
`6:12-cv-855-RWS
`
`(Lead Consolidated Case)
`
`Tyler, Texas
`
`January 25, 2016
`
`9:14 a.m.
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`VIRNETX INC. AND SCIENCE
`
`APPLICATIONS INTERNATIONAL
`
`CORPORATION,
`
`Plaintiffs,
`
`VS.
`
`APPLE INC.,
`
`Defendant.
`
`---------------------------------------------------------
`
`REPORTER'S TRANSCRIPT OF JURY TRIAL, VOLUME 1
`
`BEFORE THE HONORABLE ROBERT W. SCHROEDER III
`
`UNITED STATES DISTRICT JUDGE
`
`---------------------------------------------------------
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`Case 6:12-cv-00855-RWS Document 433 Filed 02/04/16 Page 2 of 274 PageID #: 31502
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`APPEARANCES:
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`COURT REPORTER:
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`2
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`BRENDA HIGHTOWER SMITH, CSR-FCRR
`Official Court Reporter
`Eastern District of Texas
`Texarkana Division
`500 N. State Line Ave, Third Floor
`Texarkana, Texas
`75501
`903.794.1018
`brenda_smith@txed.uscourts.gov
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`(Proceedings recorded by mechanical stenography,
`transcript produced on CAT system.)
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`FOR THE PLAINTIFF:
`
`FOR THE DEFENDANT:
`
`BRADLEY W. CALDWELL
`JASON D. CASSADY
`JOHN AUSTIN CURRY
`CALDWELL CASSADY & CURRY
`2101 Cedar Springs Road, Suite 1000
`Dallas, Texas
`75201
`
`T. JOHN WARD, JR.
`WARD, SMITH & HILL, PLLC
`1127 Judson Road, Suite 220
`Longview, Texas
`75601
`
`ROBERT CHRISTOPHER BUNT
`PARKER BUNT & AINSWORTH
`100 East Ferguson, Suite 1114
`Tyler, Texas
`75702
`
`GREGORY S. AROVAS
`ROBERT A. APPLEBY
`JEANNE M. HEFFERNAN
`JOSEPH A. LOY
`LESLIE M. SCHMIDT
`KIRKLAND & ELLIS LLP
`601 Lexington Avenue
`New York, New York
`
`10022
`
`F. CHRISTOPHER MIZZO
`KIRKLAND & ELLIS LLP
`655 Fifteenth Street, N.W.
`Washington, D.C.
`20005
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`Case 6:12-cv-00855-RWS Document 433 Filed 02/04/16 Page 3 of 274 PageID #: 31503
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`3
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`AKSHAY S. DEORAS
`KIRKLAND & ELLIS LLP
`555 California Street
`San Francisco, California
`
`94104
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`MICHAEL E. JONES
`JOHN F. BUFE
`ALLEN F. GARDNER
`POTTER MINTON
`110 North College Avenue, Suite 500
`Tyler, Texas
`75702
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`******************************************
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`Case 6:12-cv-00855-RWS Document 433 Filed 02/04/16 Page 4 of 274 PageID #: 31504
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`(Open court, all parties present.)
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`COURT SECURITY OFFICER:
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`All rise for the
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`4
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`jury panel.
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`(Jury panel enters courtroom.)
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`COURT SECURITY OFFICER:
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`Be seated.
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`All rise.
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`THE COURT:
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`Please be seated.
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`Mrs. Schroeder, would you call the case.
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`COURTROOM DEPUTY:
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`Cause No. 6:12-cv-855,
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`VirnetX's and Science Applications International
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`Corporation versus Apple, Inc.
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`THE COURT:
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`Announcements for the record.
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`MR. WARD:
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`Johnny Ward, along with Jason
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`Cassady and Brad Caldwell and Austin Curry and Dr. Bob
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`Short from VirnetX.
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`And the Plaintiff VirnetX is ready.
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`MR. JONES:
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`Your Honor, for the Defendant
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`Apple, Mike Jones, Mr. Joseph Loy, Ms. Jeannie Heffernan,
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`Mr. Robert Appleby, and Mr. Greg Arovas.
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`And from Apple
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`is Mr. Frank Casanova.
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`And we're ready to proceed, Your
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`Honor.
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`THE COURT:
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`Good morning.
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`Very well.
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`Good
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`morning, ladies and gentlemen of the jury panel.
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`And
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`welcome to jury service in the United States District
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`Court for the Eastern District of Texas.
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`I want to thank
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`you all for coming here today, and I want to welcome you.
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`Case 6:12-cv-00855-RWS Document 433 Filed 02/04/16 Page 5 of 274 PageID #: 31505
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`5
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`My name is Judge Trey Schroeder.
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`You have
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`already met some of our court personnel downstairs, but
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`let me take a moment to introduce members of my court
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`staff.
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`We have our courtroom deputy, Mrs. Betty
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`Schroeder; our court reporter, Ms. Brenda Smith; my law
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`clerks, Ms. Jenna Rea, Mr. Boone Baxter, and
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`Ms. Elizabeth Chiaviello who is not in the courtroom
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`right at this moment.
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`Also our Court Security Officer is
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`Ms. Gail Mayes whom you met earlier.
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`As I said, I am Judge Trey Schroeder.
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`I'm a
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`United States District Judge for the Eastern District of
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`Texas.
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`I live in Texarkana, where I was born and grew
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`up.
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`I've been a lawyer for more than 20 years now, and
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`I've been on the bench for a little more than a year now.
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`Along with Judge Schneider here in Tyler and
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`Judge Gilstrap in Marshall, I have responsibility for the
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`federal cases that are filed here in Tyler.
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`I went to
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`college in Missouri and then in Arkansas, and I went
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`to -- graduated from law school in Washington, D.C.
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`Before I went into private practice, I worked
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`for the Government for a couple of years and then I
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`clerked for a federal appellate judge for a couple of
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`years.
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`I am married, I have two children who are
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`tenth-graders in high school there in Texarkana.
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`And my
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`wife is a lawyer, too; but she doesn't practice anymore.
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`Case 6:12-cv-00855-RWS Document 433 Filed 02/04/16 Page 6 of 274 PageID #: 31506
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`I call her a "recovering lawyer."
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`And I'm telling you all of these things
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`because in a few minutes I'm going to ask you to provide
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`me with the same type of information.
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`And I think you're
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`entitled to know as much about me as I'm about to learn
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`about you.
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`We are here today to begin the trial of a
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`civil case, a case that involves patent infringement.
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`And I want to first thank you for your service here
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`today.
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`You are playing a pivotal role in our system of
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`justice; and I hope that you will consider it, as I do,
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`an honor to serve your country in this important role.
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`Because that is what it is.
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`Before we begin the process of jury selection
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`this morning, I want to briefly review with you how it is
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`we came to have a jury trial system in our country.
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`And
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`if you look around, you will see a diverse mixture of our
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`East Texas community here today.
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`That is why -- that is
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`how the system was designed, and it is intentional.
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`For those of you who studied the Old
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`Testament, you know that juries were used to decide
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`issues of property value and property ownership.
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`The
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`Greeks began using the jury system in about 1500 B.C.,
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`and the Romans adopted the jury system from the Greeks.
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`The Romans brought jury trials to England in the IV
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`Case 6:12-cv-00855-RWS Document 433 Filed 02/04/16 Page 7 of 274 PageID #: 31507
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`7
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`century A.D.
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`So, by the XII century, jury trials had
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`been part of the judicial system in England for over 800
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`years.
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`A tyrannical king, King John, attempted to do
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`away with the right to the jury trial.
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`And in the XII
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`century, the Magna Carta was signed which guaranteed the
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`right to jury trials for the English people.
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`Twenty-eight states in the United States have adopted the
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`exact same language of the Magna Carta verbatim, and they
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`have placed it in their state constitutions.
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`The concept
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`of jury trials was engrained in our founding fathers as
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`British colonists in the settling of America.
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`And another tyrannical king, George III,
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`attempted to deny the right to a jury trial to his
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`citizen colonists in America.
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`And when Thomas Jefferson
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`append his complaints against the British crown in our
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`own Declaration of Independence, he set out the denial of
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`the right to the jury trial as one of the specific
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`grounds mandating our separation from England.
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`Now, democracy makes very few demands on its
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`citizens, perhaps too few.
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`We are required to pay taxes,
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`we are required to render military service in the time of
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`war, and we are required to appear for jury service when
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`summoned.
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`By being here today and by participating as
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`you are, you're doing your duty as citizens to preserve,
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`Case 6:12-cv-00855-RWS Document 433 Filed 02/04/16 Page 8 of 274 PageID #: 31508
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`8
`protect, and defend the Constitution of the United States
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`and the rights that are guaranteed to all of us by virtue
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`of the Constitution, and in particular, the 7th amendment
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`to our Constitution which guarantees the right to trial
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`by jury as part of the Bill of Rights.
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`I firmly believe that jury service is one of
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`the highest forms of public service that you as a citizen
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`can render to your country.
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`Of course the highest form
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`of public service to our country centers around those
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`young men and women who -- who serve in the Armed Forces
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`and put their lives on the line every day to guarantee to
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`all of us the rights and the freedoms that we enjoy.
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`In this case, a patent case, the Plaintiffs,
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`VirnetX and Science Applications International
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`Corporation, accuse the Defendant, Apple, of infringing
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`its patents.
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`Apple denies that it infringes the patents.
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`The patents generally relate to virtual private networks,
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`which are also called VPNs, and secure communication
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`links.
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`I and the parties will have much more to say
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`about what this case involves.
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`But for now, I wanted you
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`to have some basic knowledge of what the case is about.
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`What I have just told you is a very informal
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`way of describing the case in layman's terms.
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`Having
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`seen the patent film, you probably know more about patent
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`cases than most people do when they arrive at the
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`Case 6:12-cv-00855-RWS Document 433 Filed 02/04/16 Page 9 of 274 PageID #: 31509
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`9
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`courthouse to serve for a patent trial.
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`I anticipate that the presentation of evidence
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`in this case will take about seven or eight days.
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`We
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`will begin trial today, this afternoon.
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`So we should
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`conclude by Tuesday, February 2nd, or Wednesday, February
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`the 8th.
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`Those of you, of course, who will be selected
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`to serve as our jury will need to be available throughout
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`that time.
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`And as I said, we expect to begin this
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`afternoon sometime after lunch.
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`If any of you have prepaid vacations, plans
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`for which you've already bought non-refundable plane
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`tickets, or you have a surgery scheduled for later this
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`week or early next week or anything else that is serious
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`enough to make it very, very difficult for you to serve,
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`then I need you to identify yourself.
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`We'll talk about the specifics a little later
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`this morning.
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`But for right now, if there's anyone on
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`the panel who has those type of reasons that would make
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`it very, very difficult for them to serve, please raise
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`your hand now.
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`Anybody on the first row?
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`Anybody on the second row?
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`Yes, ma'am, No. 10.
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`We'll talk about the
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`specifics later.
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`I just -- I just need to know your
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`number for now.
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`Case 6:12-cv-00855-RWS Document 433 Filed 02/04/16 Page 10 of 274 PageID #: 31510
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`10
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`Let's see, your name is?
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`VENIREPERSON:
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`Charlotte Main.
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`THE COURT:
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`Ms. Main, No. 10.
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`All right.
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`Anyone in the back, on the first
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`row in the back?
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`All right.
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`On the second row in the back?
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`Okay.
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`Very good.
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`I want to give you an overview of what is
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`going to be happening over the next several days.
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`Right
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`now, we are beginning the first stage of the trial, what
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`we call voir dire examination of the jury panel.
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`This is
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`where the Court and the attorneys will be asking you some
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`questions about yourself to help us evaluate you as a
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`potential juror.
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`This will probably take a little more
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`than an hour.
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`When the lawyers address you this morning,
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`they're going to be asking you various questions.
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`And I
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`want you to understand that they will not be seeking to
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`unduly inquire into your private affairs.
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`They are
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`entitled to ask questions so that they can secure a fair
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`and impartial jury for their client.
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`I don't know if it will happen today, but it
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`does sometimes, where a panel member is asked a question
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`that they don't really want to talk about in front of the
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`entire panel.
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`And if you have any hesitancy about giving
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`Case 6:12-cv-00855-RWS Document 433 Filed 02/04/16 Page 11 of 274 PageID #: 31511
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`11
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`a complete answer to something that's private, you just
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`need to say that you want to talk to Judge Schroeder.
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`And I'll give you the opportunity to come up to the
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`bench, and we'll discuss it at the sidebar so that you
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`can answer that question outside the presence of the
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`other panel members.
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`The important thing this morning is for each
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`of you to give full, complete, and truthful answers to
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`the questions that you're asked.
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`There are no wrong
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`answers as long as your response is full, complete, and
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`truthful.
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`After the questioning this morning, each side
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`will then be allowed to strike a certain number of
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`jurors.
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`And the first remaining eight jurors will be
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`sworn in as the jury which will decide this case.
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`Then attorneys for each side will make what we
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`call opening statements.
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`And then following that, each
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`side will present its evidence.
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`And when that has been concluded, I will then
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`give you the Court's charge, which will instruct you on
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`the law that you will follow in your deliberations.
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`Next
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`the parties will present their closing -- closing
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`statements to you.
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`And, finally, you will retire to the jury room
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`to begin your deliberations and reach a verdict.
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`Case 6:12-cv-00855-RWS Document 433 Filed 02/04/16 Page 12 of 274 PageID #: 31512
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`12
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`Now, the purpose of voir dire or jury
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`selection is to enable the lawyers and the Court to
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`determine whether or not any prospective juror should be
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`excused from jury service either by the Court for what we
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`call cause or by counsel for the parties by way of what
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`we call peremptory challenges, which are challenges for
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`which no reason need be given.
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`Voir dire is a Latin phrase which means to
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`speak the truth.
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`And I know that you will speak the
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`truth this morning as you answer questions that I and the
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`parties ask you.
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`I would like for you to listen carefully to
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`the questions, and don't be timid about speaking up if
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`they apply to you.
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`Now, as I did when we first began, I'm going
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`to ask each of you to give us some basic information
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`about you.
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`And, so, I'm going to ask each of you to
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`stand; and I want you to tell several things.
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`Your name,
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`first of all; where you live; what your occupation is;
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`something interesting about yourself or a favorite thing
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`to do in your spare time.
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`And then finally, if you're
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`married, what your spouse's name is and his or her
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`occupation.
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`Ms. Mayes will have the courtroom, and I would
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`like for you to pass the courtroom -- pass the microphone
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`Case 6:12-cv-00855-RWS Document 433 Filed 02/04/16 Page 13 of 274 PageID #: 31513
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`13
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`among yourselves.
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`And please stand and speak loudly so
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`that we can all understand.
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`Beginning with Juror No. 2, Mr. Jeffers.
`
`VENIREPERSON:
`
`Yes.
`
`My name is Kevin Jeffers.
`
`I have lived in Longview and Gregg County for over 30
`
`years.
`
`My occupation for those 30 years is chemical
`
`engineer.
`
`My wife's name is Jay Lynn.
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`She was an
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`elementary school teacher for a number of years, and she
`
`is currently self-employed.
`
`And I don't know if it's particularly
`
`interesting, but one thing I do in my spare time is I
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`enjoy running.
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`Not many think that's interesting, I'm
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`sure.
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`THE COURT:
`
`Thank you, Mr. Jeffers.
`
`VENIREPERSON:
`
`My name is Sheree Penny; and I
`
`live in Carthage, Texas.
`
`Been there about 25 years now.
`
`I'm a retired nurse, an LVN.
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`And when I retired from nursing, I went into a
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`catering service where I was a secretary admin assist for
`
`about eight years at Panola College.
`
`So, anyway, have
`
`some educational stuff in my background, plus school.
`
`I
`
`have one son, single.
`
`I'm married.
`
`VENIREPERSON:
`
`Hi.
`
`My name is Cliff Rich.
`
`I
`
`live in Palestine, Texas.
`
`I'm currently employed by the
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`Rusk State Hospital as a security officer.
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`14
`Before that,
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`I worked for the Texas State Railroad for 15 years.
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`Things I like to do is I like stockcar racing,
`
`which is a lot of fun to me.
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`I have two children, one in Dallas and one in
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`Jacksonville.
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`And that pretty much covers me, I guess.
`
`THE COURT:
`
`Okay.
`
`Thank you, Mr. Rich.
`
`VENIREPERSON:
`
`Hello.
`
`My name is Diane Brown.
`
`I live in Lindale, Texas.
`
`For probably about 30 years
`
`now.
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`I have eight grandchildren of which I love to
`
`spend time with.
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`And I also like to play tennis.
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`I have been an escrow assistance -- assistant
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`in a title company for 20 years.
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`And before that, I was
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`an accountant.
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`VENIREPERSON:
`
`I'm William Renfro.
`
`I'm from
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`Longview.
`
`I've lived in Longview since '57.
`
`I repair
`
`wind instruments.
`
`And my hobbies are working on and
`
`riding motorcycles.
`
`VENIREPERSON:
`
`I'm Lane Barnett.
`
`And I'm a
`
`retired registered nurse.
`
`And I worked in the field for
`
`11 years.
`
`And then at Kilgore College, I taught for 31
`
`years.
`
`I'm not married.
`
`I'm from Longview.
`
`And I've
`
`lived there since 1977.
`
`And I'm -- I'm not married, and
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`I don't have any kids.
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`15
`My niece and nephew are my kids.
`
`And my -- my little pug dogs are my children.
`
`VENIREPERSON:
`
`Good morning.
`
`My name is
`
`Regenia Farnham.
`
`I live in Quitman, Texas.
`
`I work for a
`
`telecommunications company for the past 17 years.
`
`I am married.
`
`My husband Kenny works for an
`
`oilfield company as an operations manager.
`
`I have two
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`girls that are in junior high.
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`And I, on the side, enjoy being a mom and then
`
`also doing refurbished furniture.
`
`VENIREPERSON:
`
`My name is Mable Vandeventer.
`
`I am a retired nurse, worked in OBGYN delivering babies
`
`for 32 years.
`
`My husband is retired.
`
`He was director of the
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`laboratories at Baylor, Garland.
`
`We moved to East Texas about four years ago.
`
`We have two daughters.
`
`One is a doctor of physical
`
`therapy, and the other one is a clinical case manager and
`
`rehabilitation counselor.
`
`We -- I am -- I play at golf, but enjoy being
`
`outside.
`
`VENIREPERSON:
`
`Howdy.
`
`My name is Charlotte
`
`Main.
`
`I'm an agriculture science teacher at Bullard,
`
`Texas, or Bullard ISD.
`
`I have lived in Smith County my
`
`whole life except for the four years that I went to
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`Case 6:12-cv-00855-RWS Document 433 Filed 02/04/16 Page 16 of 274 PageID #: 31516
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`16
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`College Station to Texas A&M.
`
`My husband and I live in northern Smith County
`
`in a little community called Red Springs.
`
`We have three
`
`daughters ranging in age from two to 13.
`
`My husband is
`
`also an agriculture science teacher.
`
`He's one of my
`
`teaching partners.
`
`I don't know any interesting things about me.
`
`My job pretty much takes up our whole lives.
`
`So if it's
`
`not feeding animals or something like that, we probably
`
`don't do it.
`
`VENIREPERSON:
`
`Good morning.
`
`My name is Kevin
`
`Shively.
`
`I am a regional sales executive for Blue Cross
`
`Blue Shield of Texas.
`
`I am married.
`
`My wife works as
`
`well, for a group of cardiologists, Park Place out of
`
`Dallas.
`
`We live here in Tyler.
`
`And I play golf as well.
`
`Something
`
`interesting about me, I used to be a professional golf
`
`caddy on the PGA tour so...
`
`VENIREPERSON:
`
`My name is Jerry Lewis, I live
`
`in Wills Point.
`
`And I enjoy hunting.
`
`And I'm only 20
`
`years old.
`
`So this is very new for me.
`
`THE COURT:
`
`Welcome.
`
`VENIREPERSON:
`
`My name is Dr. Shirley Aycock.
`
`I'm a registered nurse.
`
`I also work for a company out of
`
`Plano, Texas.
`
`So I have primary residence in Rusk
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`Case 6:12-cv-00855-RWS Document 433 Filed 02/04/16 Page 17 of 274 PageID #: 31517
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`17
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`County; and I commute every week to Plano, Texas, 180
`
`miles away where I work during the week.
`
`And I am
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`director of quality accreditation for a company that
`
`develops online continuing education for healthcare
`
`providers.
`
`Also, I do adjunct faculty for a number of the
`
`nursing colleges around where I teach nursing
`
`jurisprudence and our nursing law.
`
`And in my fun time, I do roller derby.
`
`VENIREPERSON:
`
`My name is Michelle Ohara.
`
`I
`
`worked at a medical pathology lab part-time up until
`
`about two years ago when I started taking care of my
`
`mother who recently passed away.
`
`I have three children.
`
`My youngest is 15,
`
`learning to drive.
`
`My oldest is 30.
`
`I have one
`
`grandson, who is 9 months old.
`
`And my husband works for Exxon.
`
`He is a
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`supervisor, works out in the field.
`
`And we spend all of
`
`our extra time with our -- our family.
`
`VENIREPERSON:
`
`Hi.
`
`My name is Nida Nobles.
`
`I
`
`live in Longview.
`
`And I'm married to Timothy Nobles.
`
`He's retired Navy.
`
`And we have three children.
`
`The
`
`youngest one is 32.
`
`And I'm a housewife.
`
`VENIREPERSON:
`
`Good morning.
`
`My name is
`
`Whitney Hughes.
`
`I work for the adult education program
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`Case 6:12-cv-00855-RWS Document 433 Filed 02/04/16 Page 18 of 274 PageID #: 31518
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`18
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`at the local community college in Athens, Texas.
`
`I'm
`
`from Mabank, Texas.
`
`I've lived there about ten years.
`
`I have two active Golden Retrievers who love
`
`to play fetch.
`
`And my ten nieces and nephews keep me on
`
`my toes.
`
`VENIREPERSON:
`
`My name is Albert Christie; and
`
`I'm from Wills Point, Texas.
`
`And I'm a carpenter and
`
`also did ironwork for 20 years.
`
`And supposed to be
`
`retired, but hasn't worked out that way.
`
`But anyways, I have a wife named Rose.
`
`And
`
`she used to be a district clerk for ten years, and she's
`
`retired.
`
`And we love our pets, and we love to fish.
`
`VENIREPERSON:
`
`Good morning.
`
`My name is
`
`Brenda Dougan.
`
`And I have lived with my husband in
`
`Gladewater for over 30 years.
`
`I work for Brookshire
`
`Grocery Company, and I work in HR in the employee
`
`relations part of that.
`
`I have two children.
`
`One is still on the
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`payroll.
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`The other one is graduated, has a good job.
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`And I'm also an animal advocate.
`
`I work for
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`the -- I don't work for.
`
`I volunteer at the Humane
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`Society of Northeast Texas.
`
`Go Pugs, Retrievers, all the
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`dogs.
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`VENIREPERSON:
`
`Good morning.
`
`My name is
`
`Matthew Carter; and I work for Brookshire Grocery
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`Case 6:12-cv-00855-RWS Document 433 Filed 02/04/16 Page 19 of 274 PageID #: 31519
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`Company, too.
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`And I'm a maintenance man there.
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`19
`And I've
`
`lived in Fincastle my whole life.
`
`I was born in Terrell.
`
`And my hobbies include collecting vintage
`
`video games and computing.
`
`THE COURT:
`
`Thank you, Mr. Carter.
`
`VENIREPERSON:
`
`Good morning.
`
`My name is Helen
`
`Fox.
`
`I've been in Smith County for about 18 years.
`
`My
`
`husband John is retired.
`
`We've raised 7 children, and
`
`I've got about 14 grandchildren.
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`And I think that keeps
`
`me busy.
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`VENIREPERSON:
`
`My name is Debbie McMullin.
`
`I've been married this time for 20 years.
`
`I have 3
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`children, six grandchildren, and 4 great-grandchildren.
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`My husband is Tom, and he works as a service
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`manager for Nissan.
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`And we like fishing and kayaking.
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`VENIREPERSON:
`
`My name is Robert Haynes.
`
`And
`
`I live in Grand Saline, Texas.
`
`I've lived there just
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`under two years.
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`My wife and I moved here from Montana back in
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`the end of December -- or, I'm sorry, the end of 2012 we
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`moved here to help my mother-in-law who was diagnosed
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`with lung cancer and pancreatic cancer.
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`About six months ago I was a police officer
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`for the Texas Parks and Wildlife Department, and I've
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`decided to make a career change.
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`Case 6:12-cv-00855-RWS Document 433 Filed 02/04/16 Page 20 of 274 PageID #: 31520
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`Currently, I'm working with K12 students, and
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`I help teach natural sciences.
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`And my wife is a research scientist.
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`And her
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`name is Marty.
`
`VENIREPERSON:
`
`Good morning.
`
`My name is Steve
`
`Reese.
`
`I reside in Longview, Texas.
`
`I retired after 33
`
`years in the banking industry.
`
`I'm currently
`
`self-employed as a real estate agent, as well as a
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`certified process server for the State of Texas.
`
`My wife -- my hobbies are golf.
`
`My wife works
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`for a criminal defense attorney in Longview for the past
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`25 years.
`
`VENIREPERSON:
`
`Hi.
`
`My name is Michelle
`
`Ferguson.
`
`I work in mortgage lending and banking.
`
`And my husband is Todd Ferguson.
`
`He's a
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`management consultant.
`
`We have three children and one
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`grandchild.
`
`VENIREPERSON:
`
`Good morning.
`
`My name is
`
`Richard Earl Berry.
`
`I work -- I worked at Tyler Pipe for
`
`39 years.
`
`My wife is unemployed.
`
`I have two kids.
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`And
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`my hobby, we love to travel.
`
`VENIREPERSON:
`
`Hi.
`
`I'm Kathlene Savage.
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`I'm
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`a middle school science teacher in Longview.
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`Been
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`teaching for eight years.
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`Case 6:12-cv-00855-RWS Document 433 Filed 02/04/16 Page 21 of 274 PageID #: 31521
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`21
`My husband is an assistant market manager with
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`Brookshires, Roland.
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`That's how we met.
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`We have -- I
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`have three stepchildren and have three grandchildren
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`between the ages of 1 and 2.
`
`And we just like to travel -- or, you know,
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`when we can.
`
`VENIREPERSON:
`
`Good morning.
`
`My name is Brian
`
`Abercrombie.
`
`I've lived in Noonday, Texas, for the last
`
`four years after moving back from Brownsboro.
`
`Grew up in
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`Smith County.
`
`I'm a structural designer.
`
`My wife Vanessa, she's a medical coder.
`
`I
`
`have two boys.
`
`Hobbies, hunt and fish; and I like to trap.
`
`VENIREPERSON:
`
`My name is Melissa Singletary.
`
`I live in Athens, Texas.
`
`My husband Bruce -- I'm a administrative
`
`assistant at Trinity Valley Community College in
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`Palestine.
`
`I've been there about eight years.
`
`My husband Bruce is a facilitator trainer with
`
`the Texas Work Force Commission.
`
`I have two kids, one that's almost 30 and one
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`that's almost 32, and a grandson that's 8.
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`I've spent
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`the last 14 years in dog rescue.
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`Kind of out of that now
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`with 4 senior dogs that pretty much take up all my time
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`and my money.
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`THE COURT:
`
`Thank you very much.
`
`It sounds
`
`like we have a panel of dog lovers and golfers.
`
`So I
`
`appreciate everybody's -- everybody's responses and
`
`information this morning.
`
`I'm going to now ask counsel for the
`
`Plaintiffs to introduce themselves and their clients, as
`
`well as anyone who will be testifying during the
`
`Plaintiffs' presentation of their case in chief.
`
`Mr. Caldwell.
`
`MR. CALDWELL:
`
`Should I do that from this
`
`lectern?
`
`yes.
`
`THE COURT:
`
`I think that would be -- be fine,
`
`MR. CALDWELL:
`
`Thank you.
`
`Your Honor, would it be appropriate to give
`
`about 15 seconds on myself the same that they did?
`
`THE COURT:
`
`Certainly.
`
`MR. CALDWELL:
`
`Good morning.
`
`I'm Brad
`
`Caldwell, and I represent VirnetX.
`
`I was actually born
`
`in Tyler, but I grew up in Athens until things went to
`
`disarray at the end of high school.
`
`But I still stayed
`
`in this area; and I went to Texas A&M for undergrad,
`
`University of Texas for law school.
`
`I live in Dallas
`
`now, and I have two kids.
`
`And I don't actually have a
`
`lot of time for hobbies, but I would like to golf if I
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`Case 6:12-cv-00855-RWS Document 433 Filed 02/04/16 Page 23 of 274 PageID #: 31523
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`23
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`did.
`
`I would like to introduce you to the folks
`
`that I have with us today.
`
`First of all, furthest from
`
`me is my law partner Jason Cassady.
`
`And then also
`
`Mr. Austin Curry, my other law partner.
`
`And trying the
`
`case with us is my friend Mr. Johnny Ward from Longview,
`
`and also with us today is Mr. Robert Herschel.
`
`MR. HERSCHEL:
`
`Good morning.
`
`MR. CALDWELL:
`
`Now, some witnesses that you
`
`will hear from in this case -- and we'll introduce others
`
`later, but I would like to introduce to you Dr. Robert
`
`Short --
`
`DR. SHORT:
`
`Good morning.
`
`MR. CALDWELL:
`
`-- who will be the inventor on
`
`what we discuss today, and then the CEO of VirnetX,
`
`Mr. Kendall Larsen.
`
`Thank you.
`
`THE COURT:
`
`Thank you, Mr. Caldwell.
`
`So, ladies and gentlemen of the jury panel, I
`
`need to ask you a few questions with respect to the
`
`attorneys that were introduced by Mr. Caldwell as well as
`
`the corporate representatives and the witnesses he
`
`identifies.
`
`And I have three questions for you:
`
`Do you know any of these persons?
`
`Have you had any business dealings with them
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`Case 6:12-cv-00855-RWS Document 433 Filed 02/04/16 Page 24 of 274 PageID #: 31524
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`24
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`or were you ever represented by them or any others in
`
`their firm or do you have any social relationship or
`
`business relationship with any of them?
`
`That's my
`
`question.
`
`Do you know any of the persons who were
`
`introduced in the courtroom or were identified by
`
`Mr. Caldwell?
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`Do you have any business dealings with any
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`of them or were you ever represented by them or by
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`members of their firm or do you have any other
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`relationship, a social relationship or some business
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`connection with any of them?
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`Anybody in the jury box?
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`Anybody in the back?
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`All right.
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`Very well.
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`Mr. Jones.
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`MR. JONES:
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`Thank you, Your Honor.
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`THE COURT:
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`I'm going to ask counsel for the
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`Defendant to do the same thing.
`
`Introduce yourself,
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`members of your team, and the witnesses you-all plan to
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`call to testify.
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`MR. JONES:
`
`Good morning.
`
`My name is Mike
`
`Jones, and it's my privilege to represent Apple in this
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`case.
`
`Following Mr. Caldwell's example, I'm a lawyer
`
`here in Tyler, Texas.
`
`I've practiced here since 1977.
`
`That's almost 39 years.
`
`I'm very old.
`
`My wife and I
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`09:45AM
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`09:46AM
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`09:46AM
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`Case 6:12-cv-00855-RWS Document 433 Filed 02/04/16 Page 25 of 274 PageID #: 31525
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`25
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`live here in Tyler.
`
`We lived in Tyler all of those
`
`years.
`
`We have two grown children, and we're delighted
`
`to say we have three grandchildren which are the best
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`things that can ever happen to you.
`
`And as I said, it's my privilege to represent
`
`Apple in this case.
`
`Representing Apple with me is our
`
`lead attorney Mr. Greg Arovas, also Mr. Robert Appleby,
`
`Ms. Jeannie Heffernan, and Mr. Joseph Loy.
`
`Here on behalf of Apple itself is Mr. Frank
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`Casanova.
`
`He's been with Apple for 25 years, and he's
`
`their senior director of marketing.
`
`Our witnesses, Your Honor, will be Dr. Matthew
`
`Blaze, Dr. Debra Jay, Mr. Lee Van Pelt, Mr. Thomas
`
`Jansen, Mr. Simon Patience, Mr. Gokul Thirumalai, and
`
`Mr. Jamie Wood.
`
`THE COURT:
`
`Okay.
`
`Thank you, Mr. Jones.
`
`All right.
`
`Mr. Caldwell.
`
`MR. CALDWELL:
`
`I apologize, I didn't introduce
`
`witnesses that weren't present.
`
`THE COURT:
`
`We'll -- let me follow up with
`
`Mr. Jones and then we'll deal with those.
`
`All right.
`
`So same question, ladies and
`
`gentlemen of the jury panel, for Mr. Jones and the
`
`members of the team representing Apple as well as the
`
`witnesses Mr. Jones identified.
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`09:47AM
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`09:47AM
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`09:47AM
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`09:47AM
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`09:48AM
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`
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`Case 6:12-cv-008
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