Free Proposed Voir Dire - District Court of Delaware - Delaware

Case 1:04-cv-00901-JJF

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Filed 02/05/2007

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE AFFYMETRIX, INC., Plaintiff/Counter-Defendant v. ILLUMINA, INC., Defendant/Counter-Plaintiff ) ) ) ) ) ) ) ) )

C.A. No. 04-901-JJF

AFFYMETRIX, INC.'S PROPOSED VOIR DIRE Pursuant to D. Del. L.R. 47.1(a), Affymetrix, Inc. hereby submits the following proposed voir dire to jury panel. Good morning, ladies and gentlemen. I am Judge Farnan, and I will be presiding over the trial for which a jury is about to be drawn in the case captioned Affymetrix, Inc. v. Illumina, Inc. Briefly stated, this is a patent action arising under the patent laws of the United States involving DNA microarrays. The trial will last ___ days. I time my trials, so the attorneys have to complete their trial presentations within these limits. However, jury deliberations may require you to be present longer than ___ days. Our trial days will run approximately from 9:30 a.m. to 4:30 p.m. I will now ask you certain questions, the purpose of which is to (1) enable the court to determine whether or not any prospective juror should be excused for cause; and (2) enable counsel for the parties to exercise their individual judgment with respect to peremptory challenges, that is, challenges for which no reason need be given by counsel. If any of you answer any question "yes," please stand up and, upon being recognized by the court, state your juror number. When I have concluded asking all the questions, we will call you to the bench individually to speak with you about your affirmative response or responses.

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HAVE CLERK ADMINISTER THE OATH TO THE PANEL 1. You have been given a list of companies. (a) Are you personally acquainted with any officer, director, or employee of

any of those companies? (b) Do you or any member of your household now own, or have you or any

such member ever owned, any stocks or bonds in any of those companies? (c) Have you, any family member, or anyone close to you had any dealings

with, or relied financially in any way on, any of these companies? (d) Have you, any family member, or anyone close to you had any negative

experiences with any products of any of those companies? (e) Have you, any family member, or anyone close to you had any positive

experiences with any products of any of those companies? 2. You have been given a list of the attorneys and law firms involved in this

litigation. Are you related to, or personally acquainted with, any of those attorneys, or have you ever been represented by any of those attorneys or other associates or members of the listed law firms? 3. You have been given a list of the individuals who might appear as witnesses in

this case. Are you related to, or personally acquainted with, any of those individuals? 4. You have been given a list of subject areas. Have you, or any family member, or

anyone close to you ever been educated, employed, trained, or had any experience any of the listed areas? 5. Do you have any personal knowledge of this case, or have you read or heard it

discussed, or have an opinion regarding it?

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6. 7. 8. for a patent? 9. 10. 11.

Have you ever been a plaintiff, a defendant, or a witness in a civil lawsuit? Have you ever served as a juror in a civil lawsuit? Do you have any knowledge about or experience with patents, including applying

Have you ever worked for a company that had patented products or processes? Have you ever been involved in the development of a new product or process? Have you, any member of your immediate family, or anyone close to you ever

had any dealings with the United States Patent and Trademark Office? 12. inventor? 13. Do you have a special disability or problem that would make it difficult or Do you have any strong opinions about a patent granting exclusive rights to an

impossible for you to serve as a member of the jury in this case? 14. 15. Do you have difficulty speaking, reading, writing or understanding English? Do you know of any other matter which you believe should be called to the

court's attention as having some bearing upon your qualifications or ability to sit 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 as to the law?

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COMPANIES Affymetrix, Inc. Illumina, Inc. Parallele Biosciences, Inc. Perlegen Science, Inc. ATTORNEYS AFFYMETRIX LITIGATION ATTORNEYS Michael Malecek Andrea Gross Daniel Reed Stephen Holmes MORRIS, NICHOLS, ARSHT & TUNNELL LLP Jack B. Blumenfeld Maryellen Noreika Derek Fahnestock KIRKLAND & ELLIS LLP Bob Krupka Mark Pals Marc Sernel Terry Tang Paul Collier Serena Gondek Russell Tonkovich MORRIS JAMES LLP Richard K. Herrmann Mary B. Matterer WITNESSES See Exh. Nos. 10-13 of the Pretrial Order, containing the list of Trial Witnesses from Plaintiff and Defendant.

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SUBJECT AREAS Molecular biology DNA arrays Chemistry Biochemistry Nucleic acids Biology Statistics Mechanical Engineering Medicine Patents

MORRIS, NICHOLS, ARSHT & TUNNELL LLP /s/ Derek J. Fahnestock (#4705) Jack B. Blumenfeld (#1014) Maryellen Noreika (#3208) Derek J. Fahnestock (#4705) 1201 N. Market Street P.O. Box 1347 Wilmington, DE 19899-1347 (302) 658-9200 [email protected] Attorneys for Plaintiff/Counter-Defendant Affymetrix, Inc. OF COUNSEL: Michael J. Malecek Daniel R. Reed George C. Yu Andrea L. Gross AFFYMETRIX, INC. 6550 Vallejo Street, Suite 100 Emeryville, CA 94608 (510) 428-8500 February 5, 2007

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CERTIFICATE OF SERVICE I hereby certify that on February 5, 2007, I electronically filed the foregoing document using CM/ECF which will send notification of such filing(s) to the following: Richard K. Herrmann Morris James LLP I also certify that copies were caused to be served on February 5, 2007 upon the following in the manner indicated: BY HAND Richard K. Herrmann Morris James LLP 500 Delaware Avenue, Suite 1500 P.O. Box 2306 Wilmington, DE 19801-1494 BY FEDERAL EXPRESS (as of February 6, 2007) Marcus E. Sernel Kirkland & Ellis LLP 200 East Randolph Drive Chicago, IL 60601

/s/ Derek J. Fahnestock (#4705) Derek J. Fahnestock (#4705) [email protected]