Bedrock Computer Technologies, LLC v. Softlayer Technologies, Inc. et al

Filing 797

NOTICE by Yahoo! Inc. Yahoo!'s Proposed Jury Verdict Form (Bright, Christopher)

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS TYLER DIVISION BEDROCK COMPUTER TECHNOLOGIES LLC, Plaintiff, v. SOFTLAYER TECHNOLOGIES, INC. et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) ) CASE NO. 6:09–CV–00269 Hon. Leonard E. Davis JURY TRIAL DEMANDED DEFENDANT YAHOO! INC.’S PROPOSED VERDICT FORM In answering these questions, you are to follow all of the instructions I have given you in the Charge of Court. 1. Did Bedrock prove by a preponderance of the evidence that Yahoo! infringes the following Claims of the ’120 patent? Answer “Yes” or “No” for each Claim: Linux kernels versions prior to 2.6.25 (i.e., “CANDIDATE code”) Linux kernels versions 2.6.25 and later (i.e., “GENERATION ID code”) Claim 1 __________ Claim 1 __________ Claim 2 __________ Claim 2 __________ If you answered “Yes” to any of the Claims in question number 1, then proceed to question number 2. Otherwise, do not answer question number 2 and proceed directly to question number 3. 1 2. Did Bedrock prove by clear and convincing evidence that Yahoo’s infringement was willful? Answer “Yes” or “No.” ____________ 3. Did Yahoo! prove by a preponderance of the evidence that any of the listed Claims of the ’120 patent are invalid as anticipated? If you find the Claim invalid as anticipated, answer “Yes,” otherwise, answer “No.” Claim 1 ____________ Claim 2 ____________ 4. Did Yahoo! prove by a preponderance of the evidence that any of the listed Claims of the ’120 patent are invalid as obvious? If you find the Claim invalid as obvious, answer “Yes,” otherwise, answer “No.” Claim 1 ____________ Claim 2 ____________ If you answered “Yes” to any of the Claims in question number 1 and “No” for all Claims in questions 3 and 4, then answer question number 5. Otherwise, do not answer question number 5. 5. What sum of money, if paid now in cash, do you find from a preponderance of the evidence would fairly and reasonably compensate Bedrock for Yahoo’s infringement of the ’120 patent through the time of trial? Answer with the amount of money in dollars and cents. $ 2 The jury foreperson should sign and date the Verdict Form and return it to the Security Officer. SIGNED this _____ day of __________________, 2011. ____________________________________ JURY FOREPERSON 3