Free Voir Dire Questions - District Court of Delaware - Delaware


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Date: April 30, 2007
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State: Delaware
Category: District Court of Delaware
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_ Case 1 :04-cv—OO876-GIVIS Document 3 /Sé]¤(g‘pO®6)·*l’#3·E;eGvawfxA•L·J(’ 0**
I l'*" { ¤’l
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
T ELCORDIA TECHNOLOGIES, INC., )
)
Plaintiff/Counterclaim Defendant, )
)
v. )
) Civil Action No. 04-875-GMS
LUCENT TECHNOLOGIES INC., )
)
Defendant/Counterclaim Plaintiff. )
)
TELCORDIA TECHNOLOGIES, INC., )
)
Plaintiff7Counterclaim Defendant, )
)
v. )
) Civil Action No. 04-876-GMS
CISCO SYSTEMS, INC., )
)
Defendant/Counterclaim Plaintiff )
)
VOIR DIRE
Good moming, ladies and gentlemen, I am about to ask you a series of questions that we
call voir dire. The purpose of the voir dire examination is:
(a) to enable the court to determine whether or not any prospective juror should be
excused for cause;
(b) to enable counsel for the parties to exercise their individual judgment with respect
to peremptory challenges — that is, challenges for which counsel need not give a
reason.
If any of you answer "yes" to any of these questions, I would ask that you to stand up and,
upon being recognized by me, to state your number. At the end of the questions, I will
ask those who have responded "yes" to any of the questions to come to sidebar (that is, up
to the bench next to me) with counsel for the parties to discuss your answers.
• Staff introduced
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Case 1 :04-cv—00876-GIVIS Document 339 Filed 04/27/2007 Page 2 of 4
•Panel sworn
This case is expected to take 8 days to try. The schedule that I expect to maintain over
those 8 days will be as follows:
We will normally begin the day at 9:00 a.m. promptly. We will go until 1:00 p.m. and,
after a one hour break for lunch, from 2:00 p.m. to 5:00 p.m. There will be a fifteen
minute break at 11:00 a.m. and another fifteen minute break at 3:15 p.m. One exception
to this schedule may occur when the case is submitted to those of you who are selected to
serve as jurors for your deliberation. On that day, the proceedings might last beyond 5:00
p.m. We will post a copy of this schedule for the jury’s convenience in the jury
deliberation room.
l. Does the length of this trial or the schedule contemplated by the court present a special
problem to any member of the panel?
Description of The Case
This case is an action for patent infringement arising under the patent laws of the United
States. The plaintiff in this case is Telcordia Technologies, Inc. (or simply "Telcordia"),
formerly known as Bell Communications Research or Bellcore. The defendants in this
case are Cisco Systems (or simply "Cisco") and Lucent Technologies (or simply
"Lucent").
For those of you selected to serve as jurors, I will give you more detailed instructions
regarding the meaning of the word infringement once you are swom-in as jurors and
again at the conclusion of the trial. For now, I will simply tell you that Cisco and Lucent
are accused by Telcordia of infringing the patents in suit by making, using, selling or
offering for sale certain telecommunications and data communications equipment.
Telcordia contends that Cisco’s and Lucent’s products infringe their patents, and seeks
damages for this alleged infiingement. Cisco and Lucent deny that they infiinge
Telcordia’s patents and contend that Telcordia’s patents are invalid and unenforceable.
Has any member of the panel heard or read anything about this case?
Counsel asked to introduce themselves and their firms
2. Does any member of the panel, or your immediate family (spouse, child, parent or
sibling) know any of the attomeys involved in the case or have you or any of your
immediate family had any business dealings with or been employed by any of these
attorneys or their respective law firms?
3. Have you or any member of your immediate family ever been employed by Telcordia,
Cisco, Lucent, or Alcatel?
4. Have you or any member of your immediate family ever owned stock in any of these
companies?
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Case 1 :04-cv—00876-GIVIS Document 339 Filed 04/27/2007 Page 3 of 4
5. ave you or any member or your immediate family ever had a business relationship of
an kind with any of these companies?
6. To the best of your knowledge, have you or any member or your family had any negative
\or positive experience with the products of any of these companies?
7. fgeyou or to the best of your knowledge any member of your immediate family had any
experiences with any of these companies that might keep you from being a fair and
impartial juror?
8. Do you possess any opinions about any of these companies that might keep you from
being a fair and impartial juror?
Counsel identify all potential witnesses
9. Does any member of the panel know or is any member of the panel familiar with any of
the prospective witnesses?
10. Have you ever worked in the fields of telecommunications or data communications or for
a company that sells telecommunications or data communications equipment?
11. Have you ever worked for, had a business relationship with, or owned stock in Bell Labs
or any affiliated Bell company?
12. Have you ever worked for, had a business relationship with, or owned stock in any of the
regional Bell Operating Companies, including Verizon, BellSouth, Qwest, or AT&T?
13. Have you ever worked for, had a business relationship with, or owned stock in Science
Applications Intemational Corporation, also known as SAIC?
14. Have you ever worked for, had a business relationship with, or owned stock in Warburg
Pincus or Providence Equity Partners?
15. Have you ever worked for, had a business relationship with, or owned stock in Alcatel or
Newbridge Networks?
16. Do you believe companies frequently try to infiinge or violate the patent rights of other
companies?
17. Have you or any member of your immediate family ever been employed by the United
States Patent and Trademark Office or the United States Department of Commerce?
18. Do you hold any opinions about the U.S. Patent and Trademark Office or the U.S.
Department of Commerce that might keep you from being a fair and impartial juror?
19. Do you have any opinions about the relationship between patents and the public interest
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p Case 1 :04-cv—00876-GIVIS Document 339 Filed 04/27/2007 Page 4 of 4
that might keep you from being a fair and impartial juror?
20. Have you or anyone in your immediate family ever applied for or obtained a patent in the
U.S. or abroad?
21. Have you or any member of your immediate family ever had an experience with patents
or the patent system that has resulted in feelings that might keep you from being a fair
and impartial juror?
22. Have you ever served as a juror in a criminal or a civil case or as a member of a grand
jury in either a federal or state court?
23. Have you or has anyone in your immediate family ever participated in a lawsuit as a party
or in any other capacity (such as a plaintiff, defendant, or witness)?
24. ls there any member of the panel who has any special disability or problem that would
make serving as a member of the jury difficult or impossible?
25. Having heard the questions put to you by the court, does any other reason suggest itself to
you as to why you could not sit on this jury and render a fair verdict based on the
evidence presented to you and in the context of the cou1t’s instructions to you on the law?
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