The morning started with a Google lawyer trying to keep some sensitive Google financial information private when CEO Larry Page testifies.
"Oh, come on," Alsup grumbled. "This is a public trial."
"Your honor, it's ..."
And pity the lawyer with a tickle in his throat. During voir dire, someone at the Google table started coughing."Who is hacking and coughing?" Alsup demanded.
He offered a lozenge, which Robert Van Nest, big-shot litigator at Keker & Van Nest, picked up and handed to someone at his table.
Alsup was back on message Tuesday. "I have a strong view," that when a lawyer is speaking, they have the "absolute right for full attention" without "hacking or coughing or paper shuffling."
"I don't even like it when people get up and back and forth out that door," he said, prompting one observer to slip out before things got underway.
Later, Alsup stopped proceedings because someone was typing too loudly. Alsup assured Van Nest it wasn't his people, but the press. (Alsup, like other judges have done in recent years, is allowing reporters to use laptops and other devices during the trial).
He warned the throng furiously typing up notes, blog items and Tweets to take a gentle hand to their keyboards.
After that, court security made at least three reporters shut down their machines. And one lawyer in the audience was told to stop clicking his pen.
While lawyers like to say Alsup is a judge who "lets you try your case," he also lets you hear his thougthts about it. At one point, he asked Morrison & Foerster's Michael Jacobs, who represents Oracle, about the order of his witnesses.
"You're going to start out a trial with a video deposition?" Alsup said, with evident disapproval.But Alsup actually thinks highly of Jacobs, Van Nest and their teams. "In some ways," he told jurors on opening day, "you're lucky to see a trial where the lawyering is at the level that it is."