Thomas & Thomas Court Reporters - Court Reporters, Remote Depositions, Trial Presentation Services

SERVICES:  Trial Presentation Services, Trial Technician, and PowerPoint Creation

CASE CAPTION:  CENTRIPETAL NETWORKS, INC., Plaintiff, v. CISCO SYSTEMS, INC., Defendant.; Civil Action No. 2:18cv94

CASE TYPE:  Rule 63 retrial

COURT:  UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF VIRGINIA, Norfolk Division

LOCATION:  Norfolk, VA

JUDGE:  U.S. District Judge Elizabeth W. Hanes

LAW FIRMS:  Kramer Levin (Plaintiff) and Duane Morris (Defendant)

OVERVIEW:  Provided trial technician to display exhibits and PowerPoints at the trial.  Worked with tutorialist expert and client to fine-tune PowerPoint slides.  Used OnCue to create callouts and highlights of exhibits for use in PowerPoint.

UNIQUE ASPECT OF TRIAL:  The background of this case is unique in and of itself.  In 2020, Judge Morgan found that Cisco owed Centripetal $1.9B for patent infringement.  Just before issuing said finding, Judge Morgan informed the parties he had learned that his wife had just under $5,000 in Cisco stock.  On appeal, Cisco argued and won that the judgement should be vacated due to the Cisco stock.  The $1.9B was the largest patent infringement verdict in US history.

At the retrial, the unique aspect was definitely the limited amount of evidence presented.  Because this was being tried under Rule 63, each party only presented a tutorialist on the technology and then did closing arguments.  Initially, there were going to be several additional witnesses; however, those witnesses were scratched at the last second.  As noted above, this was a new judge,  but Judge Hanes did a great job with the technology and facts of this case.  She was prepared and attentive throughout the trial.

RESULT:  This was a bench trial and no Order has been issued.  This blog will be updated once an Order is issued. 

SERVICES:  Trial Presentation Services, Trial Technician, and PowerPoint Creation

CASE CAPTION:  USITC INSTITUTES SECTION 337 INVESTIGATION OF CERTAIN COMPUTER NETWORK SECURITY EQUIPMENT AND SYSTEMS, RELATED SOFTWARE, COMPONENTS THEREOF, AND PRODUCTS CONTAINING SAME; Inv. No. 337-TA-1314

CASE TYPE:  Section 337 of the Tariff Act of 1930, Unfair Competition

COURT:  United States International Trade Commission, Washington, DC (ITC)

LOCATION:  Washington, DC

JUDGE:  Administrative Law Judge MaryJoan McNamara

LAW FIRMS:  Kramer Levin (Plaintiff) and Reed Smith (Defendant)

OVERVIEW:  Provided trial technician to display exhibits and PowerPoints at the trial.  Worked with expert witnesses and client to fine-tune PowerPoint slides.  Used OnCue to create callouts and highlights of exhibits for use in PowerPoint.

UNIQUE ASPECT OF TRIAL:  We were the first or second trial in the newly-renovated Courtroom A, which has been outfitted with over 20 monitors and a large projector screen.  Everything is updated and made for an enjoyable presentation.  We were also the first or second in-person trial post COVID.  As such, the parties and the ITC staff had to adjust to being back in the ITC.

ITC trials are timed.  Here, each side only had a couple of days to put on their entire case, which is very difficult for a complex patent case.  Furthermore, the time was also divided up between the ITC staff, which gets to put on evidence as well.  The combination of three parties made for a very busy trial. 

RESULT:  ITC proceedings are bench trials, and the Judge has not issued her findings yet.  This blog will be updated upon her findings being issued.

SERVICES: Trial Presentation Services, Trial Technician, and PowerPoint Creation

CASE CAPTION: Confidential

CASE TYPE: Breach of Contract

COURT: JAMS (Arbitration)

LOCATION: San Francisco, CA

ARBITRATOR: Alexander “Lex” Brainerd, Esq.

LAW FIRMS: Confidential

OVERVIEW: Provided trial technician to display exhibits and PowerPoints at the arbitration. Used OnCue to create callouts and highlights of exhibits for use in PowerPoint. Also assisted with Zoom/remote testimony, as this was a hybrid arbitration with some of the parties appearing n in person and some appearing remotely.

UNIQUE ASPECT OF TRIAL: This arbitration was conducted at the tail end of COVID so a lot of the COVID restrictions were still in place. Just prior to the start of the arbitration, one of the attorneys got sick so they had to participate remotely. This added another level of complexity, as we were continuously ensuring that attorney was receiving all of the evidence and testimony being presented. Several of the witnesses also appeared remotely. As a result, we utilized Zoom’s share screen function to display the in-person presentation to the remote participants. The combination of OnCue and Zoom worked seamlessly to show exhibits, videos, and PowerPoints.

RESULT: Confidential.

Thomas & Thomas Court Reporters has led the way in court reporting and litigation support technology for over 40 years, and we welcome the opportunity to assist you with any need you may have. If you would like to learn more about trial presentation services, trial technicians, and/or trial graphics, please do not hesitate to contact us. We would love to show you the multitude of services we have to offer. We look forward to making your life easier.

SERVICES:  Trial Presentation Services, Trial Technician, A/V Equipment Rental, and PowerPoint Creation

CASE CAPTION:  Estate of Matthew P. Perkins, By and Through Its Administrator, David Perkins, and David  Perkins and Wilma A. Perkins, Individually vs. Sheryl R. Stalzer and Richard Stalzer; LACI10621

CASE TYPE:  Wrongful Death

COURT:  Iowa District Court for Marshall County

JUDGE:  Judge James C. Ellefson

LAW FIRMS:  Fredd J. Haas Law Offices, PC (Plaintiffs) and UNKNOWN (Defendants)

OVERVIEW:  Providing trial technician to display exhibits, PowerPoints, and video depositions at trial.  Thomas & Thomas Court Reporters was also responsible for the A/V equipment and ensuring all the A/V equipment was setup correctly.

UNIQUE ASPECT OF TRIAL:  The unique aspect of this trial was the fact that it was held at the community theaters (The Orpheum) instead of the courthouse, as the courthouse was partially destroyed after a tornado came through Marshalltown on July 19, 2018 and was not quite ready to hold trials at the time. 

Because the trial was not held in a traditional courtroom, additional A/V equipment was needed to ensure a clear and visible presentation was possible.  Thomas & Thomas Court Reporters utilized a 100” projector screen as the main display and then split the signal to the TV that was already in the space so that the room would have a secondary screen for alternate viewing.  A separate trial tech table was also utilized due to limited space and the room’s configuration. 

As with lots of spaces, line of sight was of particular concern here.  We had to place the projector screen off to the side, but at enough of an angle so that everyone could see it.  The secondar monitor was then positioned on the opposite side so that those closest to it didn’t have to look all the way across the room, if so desired.  Here, we were able to utilize the TV’s speakers for audio playback instead of the projector’s internal speakers or brining in a standalone speaker.                       

RESULT:  $6,000,000 settlement several hours after the jury left to deliberate.

SERVICES:  Trial Presentation Services, Trial Technician, A/V Equipment Rental, and PowerPoint Creation

CASE CAPTION:  NexStep, Inc. v. Comcast Cable Communications, LLC; 1:19-CV-01031

CASE TYPE:  Patent Infringement

COURT:  United States District Court for the District of Delaware

JUDGE:  Judge Richard G. Andrews

LAW FIRMS:  Kramer Levin (NextStep) and WilmerHale (Comcast)

OVERVIEW:  Providing trial technician to display exhibits, PowerPoints, and video depositions at trial.  Thomas & Thomas was also responsible for some of the A/V equipment and ensuring all the A/V equipment was setup correctly.

UNIQUE ASPECT OF TRIAL:  There were two unique aspects to this trial.  The first was that the Judge did not allow our team to put on a damages case.  Thus, our entire presentation was devoted to infringement and validity.  The other unique aspect of the trial was the courtroom was not completely wired like federal courtrooms normally are.  Here, we had to bring in a projector and connect it in such a way that both sides could black out the signal when displaying evidence that had not been admitted.  This is especially important in patent litigation, as there are voluminous amounts of exhibits and using physical copies to admit evidence would be burdensome and time consuming.  Normally, the courtroom is wired in a way that the Court controls what is shown to the jury and is not a responsibility of the parties.          

RESULT:  Infringement.  The jury issued a verdict finding Comcast’s Xfinity brand app indirectly infringed NexStep’s patent for a way of turning a remote control into a customer service “concierge device,” but cleared Comcast of claims of infringing a related patent.

Thomas & Thomas Court Reporters is excited to be providing A/V support for a three-day trial at the Douglas County Courthouse this week.  Thomas & Thomas brought in four monitors, a large screen TV, ELMO document camera, and a matrix switch so the parties can present their cases in an efficient, digital manner.  Said A/V equipment can be used to show exhibits, videos, and PowerPoints to the jury, counsels’ tables, and the judge. 

Don’t feel comfortable running the equipment?  Need additional tools like trial presentation software (i.e. TrialDirector, Sanction, etc.)?  Thomas & Thomas has you covered.   Our trained trial technicians can assist you at your next trial, ensuring everything runs smoothly and the jury’s attention is kept.  Contact us today to learn more about our court reporting, legal videography, and trial services. 

Last month, Thomas & Thomas Court Reporters were asked to provide trial presentation services for two-week trial at the Plymouth County Courthouse in LeMars, Iowa.  Specifically, defense counsel needed assistance working with MRI images and a radiologist to counter plaintiff’s contention of what the images showed.  For those who have worked with medical imaging software, you know this process can be difficult and unpredictable.  That is where Thomas & Thomas Court Reporters came in.  We worked with the doctor to select the best images and how we might present them in the best way.  Ultimately, we decided between a joint effort of trial technician, doctor, and ELMO document camera operated by the attorney.  With all of the A/V equipment being run through our trial technician, switching between sources was seamless and the elicited testimony proved dispositive in the jury returning a defense verdict. 

Whether it is court reporting, videotaped depositions, or trial presentation services, consider using Thomas & Thomas Court Reporters the next time you need litigation support services.  With over 40 years of experience, we know how to get the job done right. 

On September 21, 2016, a jury found in favor of Finjan, Inc. and awarded them $15 million for Sophos’ infringement of their five asserted patents. This verdict followed a two-week trial before the Honorable William H. Orrick, III of the U.S. District Court for the Northern District of California. Specifically, the jury found that all asserted claims of Finjan’s U.S. Patents were literally infringed and valid.

Finjan was well-represented by Paul Andre, Lisa Kobialka, James Hannah, Hannah Lee, Kris Kastens, and many other talented lawyers from the law offices of Kramer Levin Naftalis & Frankel in Menlo Park, California.

Geoffrey S. Thomas, Thomas & Thomas Court Reporters’ Trial Presentation Specialist, worked closely with Kramer Levin's legal team to provide a seamless display of exhibits, demonstratives, and videotaped depositions. With each side limited in the amount of time they had to present their case, a quick, efficient presentation of the case was paramount. Precise clip creation and fluid direct and cross examinations helped Kramer Levin present its case with time to spare. Congratulations to Kramer Levin and Finjan on a job well done!

On June 3, 2016, Thomas & Thomas Court Reporters was one of six Exhibitors at this year's Nebraska Defense Counsel Association's Annual Meeting in Lincoln, Nebraska.  As an exhibitor, Thomas & Thomas Court Reporters was able to show off its newest court reporting and litigation support technology, like trial presentation services and live video and text streaming.  With over ____ attorneys present, it was a great way to discuss the newest trends in court reporting and litigation support services.  Thomas & Thomas Court Reporters is proud to sponsor the Nebraska Defense Counsel Association and is already looking forward to next year’s Annual Meeting.

Thomas & Thomas Court Reporters is preparing to provide trial presentation services for a one-week jury trial at the Johnson County Iowa Courthouse.  In addition to providing trial presentation services, Thomas & Thomas Court Reporters will also be outfitting the courtroom with monitors, a large screen television, and a document camera.  Below is Thomas & Thomas testing the equipment prior to departing to Iowa for trial.  In this particular case, Thomas & Thomas Court Reporters will be providing four monitors (one for each counsel's table and one for each the judge and witness stand), a 50" television for the jury, and a document camera.  We have also installed a blackout switch for the 50" television, which allows us to control what the jury is seeing.  With this setup, the attorneys will be able to show exhibits and videotaped depositions electronically, while still incorporating traditional ways of presenting evidence.  Be sure to contact Thomas & Thomas Court Reporters for all your trial presentation services and litigation support needs.

Congratulations are once again in order for the Law Firm of Kramer Levin after a $40 million verdict was announced on August 4, 2015 in the Finjan, Inc. v. Blue Coat Systems, Inc. matter.  The verdict followed a three-week trial before the Honorable Beth Labson Freeman of the U.S. District Court for the Northern District of California.  The jury found that five of Finjan Holdings, Inc.'s six patents were literally infringed by Blue Coat with the sixth being infringed by the Doctrine of Equivalents.  The jury ultimately decided Finjan was entitled to $39,528,487.00 in damages as a reasonable royalty for Blue Coat's infringement. 

I worked closely with Kramer Levin's  legal team of Paul Andre, Lisa Kobialka, James Hannah, and others, to provide a seamless display of exhibits, demonstratives, and videotaped depositions.  With each side limited to only 18 hours to present their cases, a quick, efficient presentation of the case was paramount.  Accordingly, I had to bring in extra trial presentation items to ensure an optimal setup.  I also assisted with the creation and modification of PowerPoint presentations throughout trial.  I was asked to combine trial exhibits and tutorial animations for direct and cross examinations of expert and fact witnesses.  Congratulations to Kramer Levin and its client, Finjan!

Congratulations to the Law Firms of Kramer Levin, New York, New York, and local counsel, Koley Jessen, Omaha, Nebraska, and their amazing trial teams for their most recent jury verdict in the civil lawsuit of Prism Technologies v. Sprint Spectrum L.P. The matter was tried to the Court and Jury, the Honorable Lyle E. Strom, Senior United States District Judge for the Federal District Court of Nebraska, presiding. This case was the second of five patent infringement trials against the five major U.S. wireless carriers - AT&T, Sprint, T-Mobile, U.S. Cellular, and Verizon.

Congratulations also to Geoffrey S. Thomas, J.D., and certified Trial Presentation Specialist, for his role in the successful delivery of courtroom visual technology. The result was a seamless presentation of demonstratives and exhibits presented at trial. Clean, on-point videotaped deposition clips highlighted and pinpointed important trial testimony. Dual laptops used simultaneously during opening, closing, and witness examinations, ensured a quality and flawless presentation at all times. In the end, the synergistic mix of attorneys, witnesses, support staff and specialized and professionally administered courtroom technology garnered a $30 million jury verdict for the plaintiff.  Congratulations!

From discovery through trial, Thomas & Thomas has you covered.

Thomas & Thomas Court Reporters is a full-service litigation support firm providing strategic consulting to litigators nationwide, from discovery through trial.

We pride ourselves on our mastery of technology in the courtroom. Not only can we help you in the initial discovery process, but we can also support you during the intensive preparation leading up to trial.

With almost 40 years of experience in the industry, we are confident you will be delighted with the quality of our trial consulting services and competitive pricing. Our trial consultants are seasoned professionals providing consistent, high-quality trial preparation and presentation services for our clients.

Our litigation services include:

• Demonstrative graphics
• Document management
• On-site trial support
• Video services

So whatever trial support services your firm may need, why not contact us today for more information.  We can discuss your requirements in detail and provide you with references, if needed, and competitive, affordable pricing.

Call us (402-556-5000) or email us (This email address is being protected from spambots. You need JavaScript enabled to view it.) for more information.

Thomas & Thomas Court Reporters is leading the way in trial presentation services and we welcome the opportunity to assist you with any litigation or court reporting issues you may have.  Please call our office to schedule a personal meeting. Let us show you the benefits of the multitude of services we have to offer. We look forward to making your life easier.

Earlier this month, one of Thomas & Thomas Court Reporters' Trial Consultants provided trial presentation services for a trademark case in the United District Court - District of Delaware.  Although the matter did not go to trial, Thomas & Thomas' trial consultant, Geoffrey S. Thomas, J.D., provided invaluable trial preparation assistance to the law firm and attorneys involved.  Mr. Thomas was tasked with creating and presenting deposition clips, organizing exhibits, demonstratives, and PowerPoint presentations, and simulating in-court presentations to prepare the witnesses for trial.  This particular case was made even more difficult due to the time limitations each side had to present their case.  This meant Mr. Thomas had to have everything fine-tuned and ready to present on TrialDirector, as seconds and minutes were of the essence.  

Thomas & Thomas is Nebraska and Iowa's leader in trial presentation services.  Whether you are in Omaha, Lincoln, Council Bluffs, Des Moines or beyond, as with our court reporting services, we can now also support your growing trial practice with our Trial Services Department.  From mediations to the courtroom, Thomas & Thomas can give you the technical support and courtroom expertise you need to win your next case.  We provide our clients with everything they need to create a visually persuasive presentation for any environment, including professional audio/visual equipment, video editing, synchronized videotaped deposition clips, and trial presentation software.  We also design digital timelines, tiral graphics, and opening and closing presentations, to help you prove your case to the trier of fact.

In the most recent article of the Nebraska Lawyer, there was a section dedicated to getting to know the Young Lawyers Section Members of the Nebraka State Bar Assocition.  Thomas & Thomas Court Reporters's Geoff Thomas was one of nine Nebraska attorneys interviewed for the article.  Below is an excerpt from that article.

Excerpt:

Geoffrey S. Thomas, J.D., T.P.P., is a 2012 graduate of the Creighton University School of Law, and a certified Trial Presentation Professional, in charge of Business & Technology Development at Thomas & Thomas Court Reporters and Certified Legal Video, L.L.C., in Omaha, Nebraska. As the head of Business & Technology Development, Mr. Thomas’s focus is on researching and implementing new court reporting technologies, including videoconferencing, online repositories, synchronized videotaped depositions, and real-time technology to mobile devices. His certification as a Trial Presentation Professional takes him directly into the courtroom to assist attorneys with the creation and presentation of electronic exhibits, video, and other demonstrative evidence before the trier of fact. Mr. Thomas also assists with and facilitates jury focus groups and mock trial presentations.

Read Full Article »

Article by Patrick E. McNamara

Synchronized Videotaped Depositions

Imagine yourself in the courtroom, you are cross-examining the plaintiff (or defendant), and he or she says something contradictory to his or her previously recorded deposition testimony.  Normally, you would attempt to impeach that individual by having her read back her inconsistent testimony from the deposition transcript and the jury would get the general picture.  But what if, instead, you were able to play back a video of the plaintiff making those same statements as if she had just said them?  Not only would the jury SEE the plaintiff making those conflicting statements, but they would also SEE the text from the transcript contradicting the words she just said.  With the advent of synchronized videotaped depositions ("synced videos"), this is now a possibility. 

A synced videos is a transcript that has been synchronized to the videotaped deposition so that the videotaped deposition and the transcript can be played back simultaneously together.  As many attorneys know,  pinpointing a specific word or phrase in a video for play back can be difficult. Fast-forwarding and rewinding can be time consuming and frustrating.  Stopping a video at the wrong moment can be devastating.  Synchronizing a transcript to the videotaped deposition eliminates all of that.  Plus, it provides the attorney with several other beneficial tools for viewing and playing your videotaped deposition.

Benefits of synced videos include:

• Instantly search your video for a particular word or phrase
• Highlight key portions of the transcript/video for easy review and recall
• Annotate key portions the transcript/video for easy review and recall
• Easily create clips to impeach a witness or to show to the jury
• Create and share still images from the video
• Show text and video at the same time to help provide clarity to a witness's testimony

Synced videos are the ultimate addition to an attorney's arsenal.  They provide attorneys with the ability to instantly search and locate important portions of the videotaped deposition, which is pivotal when presenting at trial.   Synced videos allow attorneys to show and play the testimony for the judge and jury, increasing retention and recall.  Synced videos can also be uploaded to Sanction, TrialDirector, and LiveNote, providing attorneys with even more ways to use them.  Contact your court reporter or court reporting firm to find out more about compatibility and formatting options.

Last month, during a two-week patent case in the United States District Court of Nebraska – Omaha, Thomas & Thomas Court Reporters provided trial presentation services for a local Omaha law firm and their New York co-counsel, in a matter heard before the Honorable Lyle E. Strom, and Jury.  The case demanded long days, late nights, and the precise presentation of electronic exhibits, demonstrative, and videotaped deposition testimony.  Thomas & Thomas's certified Trial Presentation Professional, Geoffrey S. Thomas, J.D., T.P.P., was in the hot-seat each day during direct and cross-examinations, and seamlessly assisted in presenting the plaintiff’s case using a combination of TrialDirector and PowerPoint softwares.  Each night Mr. Thomas assisted attorneys and paralegals with testimony outlines and PowerPoint presentations as they prepared for the next day's witnesses and exhibits.

Thomas & Thomas is Nebraska and Iowa's leader in trial presentation services.  Whether you are in Omaha, Lincoln, Council Bluffs, Des Moines or beyond, as with our court reporting services, we can now also support your growing trial practice with our Trial Services Department.  From mediations to the courtroom, Thomas & Thomas can give you the technical support and courtroom expertise you need to win your next case.  We provide our clients with everything they need to create a visually persuasive presentation for any environment, including professional audio/visual equipment, video editing, synchronized videotaped deposition clips, and trial presentation software.  We also design digital timelines, as well as opening and closing presentations, to help you prove your case to the trier of fact.