Free Trial Management Order - District Court of Delaware - Delaware

Case 1:04-cv-00901-JJF Document 396 Filed O3/O1/2007 Page 1 of 4
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF DELAWARE
Affymetrix, Inc., :
Plaintiff, ;
v. E Civil Action N0. O4—90l—JJF
Illumina, Inc., ;
Defendant. ;
TRIAL MANAGEMENT ORDER
The Infringement and Damages Trial in this matter is
scheduled to commence on Monday March 5, 2007 at 9:30 a.m. The
Court has reviewed the Proposed Pre—trial Order, specifically the
witness and exhibit list submitted by each side. Based on this
review, the Court has determined that the following schedule and
procedures will allow for an efficient and fair presentation of
each party's case.
l. Time. The Court will keep a running total of trial
time used by counsel.
(a) Plaintiff is allocated eleven (ll) hours for
opening statement, direct and cross examinations, and argument on
evidence issues.
(b) Defendant is allocated eleven (ll) hours for
opening statement, direct and cross examinations, and argument on
evidence issues.
(c) Opening statements are limited to one (l)
hour.

Case 1:04-cv-00901-JJF Document 396 Filed O3/O1/2007 Page 2 of 4
(d) Closing arguments are not included in the time
allocations.
(e) The trial schedule is as follows:
Monday, March 5, 2007 — 9:30 a.m. to 12:30 p.m.
— 1:30 p.m. to 5:00 p.m.
Tuesday, March 6, 2007 — 9:30 a.m. to 12:30 p.m.
— 1:30 p.m. to 5:00 p.m.
Wednesday, March 7, 2007 — 9:30 a.m. to 12:30 p.m. Q
— 1:30 p.m. to 3:00 p.m. U
Thursday, March 8, 2007 — 9:30 a.m. to 12:30 p.m.
— 1:30 p.m. to 5:00 p.m.
Friday, March 9, 2007 — 9:30 a.m. to 12:30 p.m.
- 1:30 p.m. to 5:00 p.m.
2. Qpening Statement. No argument of counsel is
permitted in the Opening Statement. Counsel may object if
opposing Counsel provides argument during Opening Statement.
3. Witnesses
In accordance with Fed. R. Civ. P. 611 (a) the
examination of witnesses will be conducted as follows:
(a) Counsel shall not offer testimony or exhibits
that are duplicative or cumulative.
(b) Each witness is subject to direct, cross and
re—direct examination. No further examination is permitted.
(c) Rebuttal witnesses will be permitted only if:
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Case 1:04-cv-00901-JJF Document 396 Filed O3/O1/2007 Page 3 of 4
(i) called by a party with the burden of proof
and noticed in the Pre—trial Order.
(ii) such a witness is necessary to avoid an
injustice and cause is established.
(d) One lawyer per party is permitted to examine a
witness.
4. Demonstrative Exhibits. Unless otherwise agreed by {
the parties, demonstrative exhibits are marked for identification `
but not admitted into evidence.
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5. Jury Notes. Unless otherwise indicated, the Court
will provide the jury with paper and pens for notetaking. E
6. Jury Instructions. Parties shall submit Final
Proposed Jury Instructions on disk in WordPerfect Format by no
later than 9:00 a.m. on Thursday, March 8, 2007.
7. Courtroom Demeanor
(a) Counsel may use the podium at his or her
discretion.
(b) The Court does not conduct sidebar
conferences. If a matter needs to be addressed outside the
hearing of the jury, counsel shall bring it to the Court's
attention at the conclusion of the trial day.
(c) Counsel should avoid requesting “read backs"
by the Court Reporter; however, if a read back is believed
necessary, counsel shall address the request to the Court.
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Case 1:04-cv-00901-JJF Document 396 Filed O3/O1/2007 Page 4 of 4
(d) Counsel shall stand when addressing the Court
or Jury.
(e) when the Court recesses, counsel and the
parties shall remain in place until the Court and Jury have
exited the Courtroom.
(e) Food and beverages (including bottled water),
other than the water provided by the Court, are not permitted in
the Courtroom at any time.
March I , 2007
I ED TA S DISTRICT GE
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