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

Filing 815

NOTICE by Yahoo! Inc. Yahoo!s Amended Proposed Verdict Form (Chaikovsky, Yar)

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IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION BEDROCK COMPUTER TECHNOLOGIES LLC, Plaintiff, v. YAHOO! INC., Defendant. § § § § § § § § § § CASE NO. 6:09-CV-269-LED JURY TRIAL DEMANDED DEFENDANT YAHOO! INC.’S AMENDED PROPOSED VERDICT FORM In answering these questions, you are to follow all of the instructions I have given you in the Charge of the 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: A. Linux versions 2.4.29, 2.4.31, 2.6.9, 2.6.18 or 2.6.22 (i.e., “CANDIDATE code”) B. Linux versions 2.6.27 or 2.6.29 (i.e., “GENERATION ID code”) Claim 1 __________ Claim 1 __________ Claim 2 __________ Claim 2 __________ 1 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. 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 for the following reasons: Answer “Yes” or “No.” A. Invalid because it was anticipated by the prior art. Claim 1 Claim 2 B. __________ __________ Invalid because it was rendered obvious by the prior art. Claim 1 __________ Claim 2 __________ If you have found that Yahoo! has infringed any of the claims and those claims are valid (i.e. you have answered “yes” to any of the claims in question number 1 and “no” to both sections of question number 3 for the corresponding claim, then answer question number 4. Otherwise, do not answer question number 4.) 2 4. 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. $ 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-