Case:0-cv-00-PSG Document Filed0// Page of [See Signature Page for Counsel] UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION ACER, INC., ACER AMERICA CORPORATION and GATEWAY, INC., Case No. :0-cv-00 PSG v. Plaintiffs, JOINT PROPOSED VOIR DIRE QUESTIONS TECHNOLOGY PROPERTIES LIMITED, PATRIOT SCIENTIFIC CORPORATION, and ALLIACENSE LIMITED, Defendants. HTC CORPORATION, HTC AMERICA, INC., v. Plaintiffs, TECHNOLOGY PROPERTIES LIMITED, PATRIOT SCIENTIFIC CORPORATION, and ALLIACENSE LIMITED, Defendants. Case Nos. :0-cv-00, :0-cv-00 Case No. :0-cv-00 PSG JOINT PROPOSED VOIR DIRE QUESTIONS
Case:0-cv-00-PSG Document Filed0// Page of Plaintiffs Acer, Inc., Acer America Corporation (collectively Acer ) and Gateway, Inc. ( Gateway ) and Plaintiffs HTC Corporation and HTC America, Inc. (collectively, HTC ) and Defendants Technology Properties Limited, Patriot Scientific Corporation, and Alliacense Limited (collectively, TPL ) respectfully request that, in addition to its usual questions, the Court submit the following voir dire questions to prospective jurors: Individual Juror Questions ) Please state your full name, juror number, age, and city of residence. ) Please state your educational background, including any degrees, credentials, or certificates you hold. ) Please state your present employment status, the name of your current or most recent employer, and your current and previous occupations. If retired or unemployed, what was your occupation before you retired or became unemployed? ) Have you ever served on a jury before? If so, please state how many cases you have served as a juror on, and for each case, explain whether the case was a civil or criminal case, whether the jury reached a verdict, whether you served as a foreperson, and whether your jury experience was positive or negative. ) Please tell us the titles of all newspapers, magazines and electronic blogs you regularly read or subscribe to. ) Do you own or use a smartphone? [HTC only question] ) If the answer to Question was yes, please state how often you use a smartphone each week (daily, - times a week, - times a week or occasionally) and for what purposes (texting, social media, music, internet, telecommunications)? [HTC only question] ) Do you own any computers? If so, what type (i.e. notebook, tablet or desktop)? [Acer only question] ) If the answer to Question was yes, please state how often you use a computer each week and for what purposes? [Acer only question] Case Nos. :0-cv-00, :0-cv-00. JOINT PROPOSED VOIR DIRE QUESTIONS
Case:0-cv-00-PSG Document Filed0// Page of ) Have you or any member of your family ever sued or been sued in a lawsuit? If so, what was the nature of the lawsuit. ) Do you or any member of your family have any special training or work experience in the fields of: accounting, law, electrical engineering, computer engineering, computer science, electronics product development/design, smartphone programming, or patents? [HTC only question] computer programming, or patents? [Acer only question] If yes, please identify your profession or specify the family member s profession and their relation to you. ) Have you ever worked with microprocessor technology? If yes, please describe. ) Do you, or does any member of your family, have any experience designing or developing microprocessor technology? If yes, please explain. ) Do you have any health or physical conditions (vision, hearing, or other medical conditions) that might affect your jury service? If so, please explain. ) Have you heard or read anything about this lawsuit before coming to court? If yes, please explain what have you heard or read? ) Do you have any beliefs that you feel might prevent you from serving as a fair juror in this case? If yes, simply answer yes and you will be given an opportunity to discuss your full answer in private with the Court and the attorneys. ) Do you know of any other matter which you believe should be called to the court s attention as a juror, or which you think may prevent you from rendering a fair and impartial verdict based solely upon the evidence and my instructions to you regarding the Case Nos. :0-cv-00, :0-cv-00. JOINT PROPOSED VOIR DIRE QUESTIONS
Case:0-cv-00-PSG Document Filed0// Page of law? Parties and Attorneys ) The Defendants in this case are Technology Properties Limited, Patriot Scientific Corporation, and Alliacense Limited. Have you heard of any of these companies before today? (If yes, inquire into specifics). ) The Plaintiffs in this case are Acer, Inc., Acer America Corporation (collectively called Acer ), Gateway, Inc., and HTC Corporation and HTC America, Inc. (collectively called HTC ). a. Do you, or does any member of your family, have any connection with Acer? What is the connection? b. Were you aware of Acer before today? (if yes, ask if juror has ever bought any products made or sold by Acer.) Would that fact or your prior experience with Acer influence you in any way in reaching a fair and impartial verdict in this case? c. Do you, or does any member of your family, have any connection with Gateway? What is the connection? d. Were you aware of Gateway before today? (if yes, ask if juror has ever bought any products made or sold by Gateway.) Would that fact or your prior experience with Gateway influence you in any way in reaching a fair and impartial verdict in this case? e. Do you, or does any member of your family, have any connection with HTC? What is the connection? f. Were you aware of HTC before today? (if yes, ask if juror has ever bought any products made or sold by HTC.) Would that fact or your prior experience with HTC influence you in any way in reaching a fair and impartial verdict in this case? ) Are you related to or acquainted with any of the attorneys working on this case? ) Have any of the attorneys or any other members of their firms acted as your attorney or for a family member or close friend in any legal matter? ) Have you ever had any business dealings with a Taiwanese company? If so, Case Nos. :0-cv-00, :0-cv-00. JOINT PROPOSED VOIR DIRE QUESTIONS
Case:0-cv-00-PSG Document Filed0// Page of please explain. Patent Questions ) Have you or any member of your family ever applied for a patent? ) Have you, any member of your family, or anyone you have worked for been involved in a patent litigation? ) Do you have any negative opinion about, or bias against, someone coming to court seeking to enforce their patent rights? If yes, please explain. ) If the evidence and the law supported it, would you be able to find a patent issued by the U.S. Patent & Trademark Office to be either valid or invalid? ) If the evidence and the law supported it, would you be able to find a patent issued by the U.S. Patent & Trademark Office to be either infringed or not infringed? ) Have you, or any member of your family, ever had any dealings with the United States Patent and Trademark Office? If yes, please explain. ) Have you, or any member of your family, ever had any negative experiences with, or negative opinions about, patents or the patent system? If yes, please explain. Disputed Questions 0) Do you believe that a company accusing another company of wrongdoing should have to prove its allegations in order to recover for that wrongdoing? [HTC and Acer question] ) Is there anyone who feels for any reason that patent owners should not be allowed to prevent others from making, using or selling the patented invention? [TPL question] ) Is there anyone who feels there are circumstances where a patent owner should not be entitled to prevent others from making, using, or selling the patented invention? [TPL question] ) Does anyone here not believe that a Taiwanese company has the same legal rights in this Court as an American company? [HTC and Acer question] ) How many people believe that the U.S. Patent and Trademark Office never Case Nos. :0-cv-00, :0-cv-00. JOINT PROPOSED VOIR DIRE QUESTIONS
Case:0-cv-00-PSG Document Filed0// Page of makes a mistake when granting a patent? [HTC and Acer question] ) Have you, or any member of your family, ever been accused of taking the idea of another? If yes, please explain. [TPL question] In addition, HTC and Acer would replace the following two additional disputed TPL questions: ) Do you have any negative opinion about, or bias against, someone coming to court seeking to enforce their patent rights? If yes, please explain. ) Do you have any negative opinion about, or bias against, patent owners seeking monetary damages for infringement of their patent? with the following, single, HTC/Acer question: ) Do you have any negative opinion about, or bias against, patent owners seeking monetary damages for a patent that a jury ultimately finds to be both valid and infringed? Case Nos. :0-cv-00, :0-cv-00. JOINT PROPOSED VOIR DIRE QUESTIONS
Case:0-cv-00-PSG Document Filed0// Page of Dated: August, Respectfully submitted, K&L GATES LLP By: /s/ Harold H. Davis Jr. Michael J. Bettinger, Esq. SBN Mike.bettinger@klgates.com Timothy P. Walker, Esq. SBN 00 Timothy.walker@klgates.com Harold H. Davis, Jr., Esq. SBN Harold.davis@klgates.com Four Embarcadero Center, Suite 00 San Francisco, CA Phone: () -0 Fax: () -0 Jeffrey Ratinoff, Esq. (SBN ) Jeffrey.ratinoff@klgates.com 0 Hansen Way Palo Alto, CA 0 Telephone: (0) -00 Facsimile: (0) -0 Attorneys for Plaintiffs ACER, INC., ACER AMERICA CORPORATION, and GATEWAY, INC. Case Nos. :0-cv-00, :0-cv-00. JOINT PROPOSED VOIR DIRE QUESTIONS
Case:0-cv-00-PSG Document Filed0// Page of By: /s/ Kyle D. Chen Heidi L. Keefe, Esq. SBN 0 hkeefe@cooley.com Mark R. Weinstein, Esq. SBN 0 mweinstein@cooley.com Ronald S. Lemieux, Esq. SBN 0 rlemieux@cooley.com Kyle D. Chen, Esq. SBN 0 kyle.chen@cooley.com 000 El Camino Real Five Palo Alto Square, th Floor Palo Alto, California 0 Phone: (0) -000 Fax: (0) -0 Stephen R. Smith, Esq. (pro hac vice) stephen.smith@cooley.com One Freedom Square Reston Town Center Freedom Drive Reston, VA 0- Telephone: (0) -000 Facsimile: (0) -0 Attorneys for Plaintiffs HTC CORPORATION and HTC AMERICA, INC. AGILITY IP LAW, LLP By: /s/ Thomas T. Carmack James C. Otteson, Esq. SBN jim@agililityiplaw.com Thomas T. Carmack, Esq. SBN tom@agilityiplaw.com Philip W. Marsh, Esq. SBN phil@agilityiplaw.com David Lansky, Esq. SBN Commonwealth Drive Menlo Park, California 0 Phone: (0) -00 Fax: (0) - Attorneys for Defendants TECHNOLOGY PROPERTIES LIMITED LLC and PHOENIX DIGITAL SOLUTIONS LLC Case Nos. :0-cv-00, :0-cv-00. JOINT PROPOSED VOIR DIRE QUESTIONS
Case:0-cv-00-PSG Document Filed0// Page of KIRBY NOONAN LANCE & HOGE LLP By: /s/ Charles T. Hoge Charles T. Hoge, Esq. SBN choge@knlh.com Tenth Avenue San Diego, California Phone: () - Fax: () - Attorneys for Defendant PATRIOT SCIENTIFIC CORPORATION FILER S ATTESTATION PURSUANT TO L.R. -(i)() I, Kyle D. Chen, am the ECF User whose ID and password are being used to file JOINT PROPOSED VOIR DIRE QUESTIONS I hereby attest that concurrence in the filing of this document has been obtained from each of the other signatories. Dated: August, By: /s/ Kyle D. Chen Kyle D. Chen /CO Case Nos. :0-cv-00, :0-cv-00. JOINT PROPOSED VOIR DIRE QUESTIONS