VLSI-Intel: What’s Left?
Here’s a quick update for those of you wondering what’s left in the VLSI v. Intel trial. We’ll have some more substantive content forthcoming, but wanted to get this published while it could still make a difference to those looking to tune in on Monday. Basically, Monday’s going to be the last day for the lawyers to make their case to the jury, and then deliberations will begin either late Monday or first thing Tuesday.
When the trial day ended Friday afternoon, VLSI’s lead counsel Morgan Chu was in the midst of cross-examining Dr. Grunwald, the second of Intel’s technical expert witnesses, addressing VLSI’s ’759 patent. Judge Albright decided to dismiss the jury shortly after 5:30PM, as the hour was growing late, and VLSI estimated it still might have as much as an hour left in its cross-examination. (Judge Albright has repeatedly said that, all else being equal, he prefers to conclude a witness’s testimony within a single trial day, rather than continuing overnight—but circumstances didn’t permit it here.)
Judge Albright thereafter conferred with counsel, and informed the parties that they would have until 2PM on Monday to conclude both Intel’s defense case (Intel’s damages expert is all that’s left), and whatever rebuttal case VLSI intended to put on. The allowed scope of the rebuttal case was a topic of some contention—Intel maintained that VLSI should be limited solely to validity, while VLSI argued it should also be able to rebut specific evidence submitted by Intel concerning infringement and damages. The Court informed the parties that further direction would be forthcoming over the weekend.
The Court and the parties then conducted their informal charge conference until about 7:30PM, with the Court resolving most but not all outstanding disputes, and with the parties to formally memorialize their objections on Monday.
So in sum, it appears that the high-level agenda for Monday is:
- VLSI will finish its cross-examination of Dr. Grunwald;
- Intel will present its damages expert (and VLSI will cross);
- VLSI will put on whatever rebuttal case has been allowed by the Court;
- The Court will deliver the jury charge starting shortly after the 2PM(ish) close of evidence (it’s long; that’ll likely take close to an hour); and
- The parties will then be allotted approximately 45 minutes apiece for summations.
- Judge Albright recommended to the parties that the jury then be dismissed, with deliberations to begin Tuesday morning—but no final decision has been made on that issue, as far as we are aware.
We’re looking forward to the exciting conclusion; hope you are, too!Like (0)