Free Proposed Voir Dire - District Court of Delaware - Delaware

Case 1:04-cv-00858-SLR

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Filed 03/16/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE LML PATENT CORP., Plaintiff, v. TELECHECK SERVICES, INC., ELECTRONIC CLEARING HOUSE, INC., XPRESSCHEX, INC. and NOVA INFORMATION SYSTEMS, INC., Defendants. C.A. 04-858 (SLR)

JOINT PROPOSED VOIR DIRE I. VOIR DIRE TO JURY PANEL Good morning, ladies and gentlemen. I am Judge Robinson, and I will be presiding over the trial for which a jury is about to be drawn in the case captioned LML Patent Corp. v. TeleCheck Services, et al. Briefly stated, this case is a civil action brought by plaintiff LML Patent Corp. against the defendants TeleCheck Services, Inc., Electronic Clearing House, Inc., XpressChex, Inc., and Information Systems, Inc. involving electronic payment technology. The trial is expected to last from April 17 through April 28; our trial days will run approximately from 9:30 a.m. to 4:30 p.m. I time my trials, so the attorneys have to complete their presentations within these limits. However, jury deliberations may require you to be present longer than the ten scheduled days. In the light of this brief summary, I will ask the panel 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

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concluded asking all the questions, we will call you to the bench individually to speak with you about your affirmative response or responses.

HAVE CLERK ADMINISTER THE OATH TO THE PANEL

1. (a)

You have been given a list of companies. 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 the 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 the companies? (d) Have you, any family member, or anyone close to you had any experience

with any products or services of any of those companies or otherwise have any strong feelings, positive or negative, toward any of these 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 individuals who might appear as witnesses

in this case. Are you related to, or personally acquainted with, any of those individuals? 4. Do you have any personal knowledge of this case, or have you read or

heard it discussed, or have an opinion regarding it? 5. 6. 7. 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? You have been given a list of subject areas. Have you, a close friend, or a

family member ever been employed, trained, or had any experience in any of the listed areas? 8. Do you have any special disability or problem that would make it difficult

or impossible for you to serve as a member of the jury in this case?

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9.

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

Chequemark Systems, Inc. Electronic Clearing House, Inc. First Data Corporation LML Payment Systems Corp. LML Patent Corp. NACHA - The Electronics Payments Association Nova Information Systems, Inc. TeleCheck Services, Inc. XpressChex, Inc.

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ATTORNEYS

The Bayard Firm Richard D. Kirk Belasco Jacobs & Townsley, LLP Mark Mizrahi Robert Jacobs Don Min Danielle Criona Connoly Bove Lodge & Hutz LLP Francis DiGiovanni Fish & Richardson P.C. William J. Marsden, Jr. Timothy Devlin Stamatios Stamoulis Shelley Mack Tara D. Elliott Richard Weinblatt Sean Hayes Kirkland & Ellis LLP Russell E. Levine Luke L. Dauchot Garret A. Leach Jamie H. McDole Robin A. Rademacher Aaron D. Charfoos Morris, James, Hitchens & Williams LLP Richard K. Herrmann Mary B. Matterer O'Melveny & Myers LLP Mark Scarsi Vision Winter

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WITNESSES John Abokhair Bob Anderson Patricia Atlas-Williams Joel Barry John Beebe Greg Belfor Jutta Beekman Gerri Calabrese Steven R. Carlson Alice Cheung Alan Cox Tina Davis Donald Dick David Durrick Melinda Doster Patrick Gaines Steve Geiler Mark Gleason Alan Goedde Amy Gutierrez (formerly Amy Goodson) Robert Hare Connie Higashiyama Robert Hills Jay Iler Frederick Kim David Kurrasch Jane Larimer Ronald Laurie Elliot McEntee Michelle Moeller Sandy Mollett Brian Mooney Brian Napper Sam Nelson Henry Nichols Dewayne Perry Robert Peyton Jon Roberts Richard Schulz Steve Schutze Kerry Sellen Steve Shaper Richard Slater David Smith

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Peter Stenhjem Mark Suri Randy Templeton Gary Tinkel Robert Tyree John Waldron Caroline Hassell Williams Kris Winckler

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SUBJECT AREAS Electronic Check Conversion Electronic Payments Banking Industry Financial Services Industry Computer Science education or background Legal education or background Science education or background Credit card processing industry Payment processing industry

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II.

LML'S PROPOSED QUESTIONS 1. Have you or anyone that you know had any experience with electronic

check conversion, including having a check electronically converted? 2. Do you have any knowledge about or experience with patents, including

applying for a patent? 3. processes?1 4. process?2 5. Have you, any member of your immediate family, or anyone close to you Have you ever been involved in the development of a new product or Have you ever worked for a company that had patented products or

ever had dealings with the United States Patent and Trademark Office? 6. Do you have any strong feelings about a patent granting exclusive rights to the inventors or their employer?3 7. Do you believe it would be wrong for someone to profit from a patent that

he or she owns?

1 2

Defendants object to this question as an improper attempt to condition the jury. Defendants object to this question as an improper attempt to condition the jury. 3 Defendants object to this question as an improper attempt to condition the jury.

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III.

DEFENDANTS' PROPOSED QUESTIONS 1. Do you feel like it would be improper for you to invalidate a United States

patent?4

4

LML objects to this question as an improper attempt to condition the jury.

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