IN THE UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TEXAS

WACO DIVISION

WSOU INVESTMENTS, LLC d/b/a 

BRAZOS LICENSING AND 

DEVELOPMENT, 

 Plaintiff, 

-vsDELL TECHNOLOGIES INC., DELL 

INC., EMC CORPORATION, AND 

VMWARE, INC., 

 Defendants. 

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6:20-CV-00480-ADA 

6:20-CV-00481-ADA 

6:20-CV-00486-ADA 

NOTICE OF TRIAL PROCEDURES

In anticipation of the upcoming jury trial, the Court notifies the parties of the following 

trial procedures. 

I. GENERAL TRIAL PROCEDURES 

A. Jury Selection 

Jury Selection will begin at 1:30 PM, February 16, 2023, in Courtroom #2 in the United 

States District Court, 800 Franklin, Waco, Texas 76701. Judge Gilliland will conduct voir dire 

and hold a pre-voir dire conference as indicated in a separate order.

Seven jurors will be selected for this trial. Each party will have four peremptory strikes. 

The Court will provide the parties an opportunity to do a general and individual voir dire at the 

Court’s discretion. The Court will provide the parties with a diagram of the room that identifies 

the jurors and their seat assignments. 

B. Trial 

Trial will begin at 9:00AM, February 21, 2023, in Courtroom #1 in the United States 

District Court, 800 Franklin, Waco, Texas 76701. The parties shall jointly provide notebooks to 

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the jurors on the first day of trial before the trial begins. The notebooks shall be provided to a 

Court staff, who will deliver the notebooks to the jurors. 

Each party will have 12 hours of trial time. Each party’s first 30 minutes of opening 

arguments and first 30 minutes of closing arguments will not be counted towards the party’s 

allocated trial time. A party may not reserve trial time for closing—30 minutes is the limit. Trial 

should be complete on Friday (four days) and may require earlier start and later end times each 

day, as the Court deems necessary.

There will be no bench conferences in the presence of the jury during trial. If necessary, 

the Court may take a short recess from the trial to conduct any bench conferences and resolve 

any issues in the absence of the jury. If a party raises a dispute for the Court to resolve outside 

the presence of the jury, that time will count towards the party against whom the Court resolves 

such issue.

The parties shall use electronic exhibits for any exhibit displayed and/or given to the jury, 

unless providing or displaying an exhibit electronically is impractical or restricted under the 

protective order. For the sake of clarity, any witness, counsel, staff, and the Court may each have 

his or her own set of physical exhibits. However, physical exhibits will not be passed to the jury 

absent approval by the Court. 

C. Audio Access for the Public 

Although seating will remain available to the public in the courtroom, a webinar feed will 

be made available to the public. The public is permitted to listen to the trial proceedings by 

telephone. Any individuals who are interested in observing the trial by telephone may use the 

following information to observe the trial proceeding:

One tap mobile : 

 US: +16692545252,,1618839597#,,,,*794827# or +16469641167,,1618839597#,,,,*794827# 

Case 6:20-cv-00480-ADA-DTG Document 369 Filed 02/14/23 Page 2 of 4
Or Telephone:

 Dial(for higher quality, dial a number based on your current location): 

 US: +1 669 254 5252 or +1 646 964 1167 or +1 646 828 7666 or +1 415 449 4000 or +1 

551 285 1373 or +1 669 216 1590 

Webinar ID: 161 883 9597 

Passcode: 794827 

 International numbers available: https://txwd-uscourts.zoomgov.com/u/asoRcgkH5

Recording of the proceedings in any way is not permitted. 

D. Video Access for Party-Affiliated Individuals 

A live video feed of the trial proceedings will be provided to party-affiliated individuals 

to accommodate any party-affiliated individuals who choose to observe the trials remotely and 

any witnesses who choose to testify remotely. This live feed may be accessed by the following 

party-affiliated individuals outside of the Courthouse: 

a) The parties’ outside counsel, staff, and consultants; 

b) The parties’ in-house counsel disclosed under the Protective Order; 

c) Witnesses on either party’s witness list to the extent permitted under the Protective 

Order and Pre-trial Order. A fact witness (other than a designated corporate 

representative) may not observe the testimony of other witnesses until after that 

witness has completed his/her testimony and has been excused by the Court. Expert 

witnesses and corporate representatives may observe the testimony of other 

witnesses before they testify—although corporate representatives may be precluded 

from observing certain sealed testimony because of confidentiality reasons. 

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If any witness of either party chooses to testify remotely during the trial, the party shall 

work with the Court’s IT staff to make any arrangement such that the witness can testify 

remotely using the Court’s Zoom platform. 

E. Remote Participation Decorum

Remote trial participants and observers should silence electronic devices other than the 

devices necessary to their remote participation, close unnecessary computer programs or

applications (such as email or calendar notifications), and take steps to remove or minimize 

anything in their remote workspace that might distract from the integrity of the proceedings. 

Remote participants and observers who will not be testifying or presenting matters during the 

proceedings shall mute their microphones and deactivate their cameras. Participants and 

observers using multiple devices in a single workspace to access the trial should avoid audio 

feedback issues by using the microphone and speakers on only one device at a time, or by using 

headphones. 

The Court requires all remote participants to do their best to maintain professionalism in 

order to conduct a fair and efficient trial. Anyone appearing virtually shall dress in the same 

manner as they would if they physically appeared in the courtroom. If party members, members

of the press, or members of the public become disruptive, the Court may further restrict who is 

able to view the trial. Remote trial participants and observers should conduct themselves in the 

same way they would if they were physically present in the courtroom. 

IT IS SO ORDERED. 

SIGNED this 14th day of February, 2023.

 ALAN D ALBRIGHT

 UNITED STATES DISTRICT JUDGE

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