Nuance Communications, Inc. v. Abbyy Software House et al

Filing 916

COURT'S FINAL VERDICT FORM. Signed by Judge Jeffrey S. White on August 21, 2013. (jswlc2, COURT STAFF) (Filed on 8/22/2013)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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NUANCE COMMUNICATIONS INC.,

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Plaintiff,

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For the Northern District of California

United States District Court

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No. C 08-02912 JSW
COURT’S FINAL VERDICT
FORM

v.
ABBYY SOFTWARE HOUSE, INC. ET AL.,

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Defendants.
/

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When answering the following questions and filling out this Verdict Form, please follow
all of the instructions I have given you and the directions provided throughout the form. Your
answer to each question must be a unanimous decision reached by all members of the jury.
Some of the questions contain legal terms that are defined and explained in detail in the Jury
Instructions. Please refer to the Jury Instructions if you are unsure about the meaning or usage
of any legal term that appears in the questions below.

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We the jury, unanimously agree to the answers to the following questions and return
them under the instructions of this Court as our verdict in this case.

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NUANCE’S PATENT INFRINGEMENT CLAIMS

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U.S. Patent No. 6,038,342

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Nuance has asserted infringement of claims 4, 6, 13, 14, and 18 of the ’342 patent.

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1.

Did Nuance prove by a preponderance of the evidence that any of the Defendants
directly infringed claims 4, 6, 13, 14, and 18 of the ’342 patent?

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Answer “Yes” or “No” ___________
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If you answered “Yes,” then separately for each Defendant, indicate which claims were
directly infringed by which Defendant.

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If you answered “No,” then proceed to Question 2.

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Claim 4

Claim 6

Claim 13

Claim 14

Claim 18

ABBYY
Software

______

______

_______

_______

_______

4

ABBYY
Production

______

______

_______

_______

_______

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ABBYY
USA

______

______

_______

_______

_______

Lexmark

______

______

_______

_______

_______

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2.
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Did Nuance prove by a preponderance of the evidence that any of the Defendants
induced infringement of claims 4, 6, 13, 14, and 18 of the ’342 patent?
Answer “Yes” or “No” ___________

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For the Northern District of California

United States District Court

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If you answered “Yes,” then separately for each Defendant, indicate which Defendant
induced infringement of which claims.

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If you answered “No,” then proceed to Question 3.
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Claim 4

Claim 6

Claim 13

Claim 14

Claim 18

ABBYY
Software

______

______

_______

_______

_______

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ABBYY
Production

______

______

_______

_______

_______

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ABBYY
USA

______

______

_______

_______

_______

Lexmark

______

______

_______

_______

_______

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3.

Did Nuance prove by a preponderance of the evidence that any of the Defendants
contributed to infringement of claims 4, 6, 13, 14, and 18 of the ’342 patent?

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Answer “Yes” or “No” ___________

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If you answered “Yes,” then separately for each Defendant, indicate which Defendant
contributed to the infringement of which claims.

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If you answered “No,” then proceed to Question 4.
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2

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Claim 4

Claim 6

Claim 13

Claim 14

Claim 18

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ABBYY
Software

______

______

_______

_______

_______

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ABBYY
Production

______

______

_______

_______

_______

ABBYY
USA

______

______

_______

_______

_______

Lexmark

______

______

_______

_______

_______

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4.

If you answered “Yes” to any part of Questions 1-3, did Nuance prove by clear and
convincing evidence that Defendants’ infringement of the ’342 patent was willful?

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Answer “Yes” or “No” for each Defendant (ABBYY Software, ABBYY Production,
ABBYY USA, and Lexmark).

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For the Northern District of California

United States District Court

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ABBYY
Software

______

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ABBYY
Production

______

ABBYY
USA

______

Lexmark

______

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U.S. Patent No. 5,381,489

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Nuance has asserted infringement of claim 7 of the ’489 patent.

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5.

Did Nuance prove by a preponderance of the evidence that any of the Defendants
directly infringed claim 7 of the ’489 patent?

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Answer “Yes” or “No” ___________
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If you answered “Yes,” then separately for each Defendant, indicate which Defendant
directly infringed claim 7 of the ’489 patent.

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If you answered “No,” then proceed to Question 6.
Claim 7

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ABBYY
Software

______

ABBYY
Production

______

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3

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ABBYY
USA

______

Lexmark

______

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6.

Did Nuance prove by a preponderance of the evidence that any of the Defendants
induced infringement of claim 7 of the ’489 patent?

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Answer “Yes” or “No” ___________
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If you answered “Yes,” then separately for each Defendant, indicate which Defendant
induced infringement of claim 7 of the ’489 patent.

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If you answered “No,” then proceed to Question 7.

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ABBYY
Software

______

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ABBYY
Production

______

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ABBYY
USA

______

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Lexmark

______

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7.

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For the Northern District of California

United States District Court

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Claim 7

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Did Nuance prove by a preponderance of the evidence that any of the Defendants
contributed to infringement of claim 7 of the ’489 patent?

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Answer “Yes” or “No” ___________
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If you answered “Yes,” then separately for each Defendant, indicate which Defendant
contributed to the infringement of claim 7 of the ’489 patent.

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If you answered “No,” then proceed to Question 8.

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Claim 7
ABBYY
Software

______

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ABBYY
Production

______

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ABBYY
USA

______

Lexmark

______

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8.

If you answered “Yes” to Question 5, 6 or 7, did Nuance prove by clear and convincing
evidence that any of Defendants’ infringement of the ’489 patent was willful?

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Answer “Yes” or “No” for each Defendant (ABBYY Software, ABBYY Production,
ABBYY USA, and Lexmark).

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ABBYY
Software

______

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ABBYY
Production

______

ABBYY
USA

______

Lexmark

______

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For the Northern District of California

United States District Court

U.S. Patent No. 6,742,161
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Nuance has asserted infringement of claim 62 of the ’161 patent against the ABBYY
Defendants.

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9.

Did Nuance prove by a preponderance of the evidence that any of the ABBYY
Defendants directly infringed claim 62 of the ’161 patent?

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Answer “Yes” or “No” ___________
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If you answered “Yes,” then separately for each of the ABBYY Defendants, indicate
which Defendant directly infringed claim 62 of the ’161 patent.

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If you answered “No,” then proceed to Question 10.

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Claim 62
ABBYY
Software

______

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ABBYY
Production

______

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ABBYY
USA

______

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10.

Did Nuance prove by a preponderance of the evidence that any of the ABBYY
Defendants induced infringement of claim 62 of the ’161 patent?

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Answer “Yes” or “No” ___________
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If you answered “Yes,” then separately for each of the ABBYY Defendants, indicate
which Defendant induced infringement of claim 62 of the ’161 patent.

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If you answered “No,” then proceed to Question 11.
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Claim 62
ABBYY
Software

______

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ABBYY
Production

______

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ABBYY
USA

______

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11.

Did Nuance prove by a preponderance of the evidence that any of the ABBYY
Defendants contributed to infringement of claim 62 of the ’161 patent?

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Answer “Yes” or “No” ___________
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If you answered “Yes,” then separately for each of the ABBYY Defendants, indicate
which Defendant contributed to the infringement of claim 62 of the ’161 patent.

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For the Northern District of California

United States District Court

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If you answered “No,” then proceed to Question 12.

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Claim 62
ABBYY
Software

______

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ABBYY
Production

______

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ABBYY
USA

______

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12.

If you answered “Yes” to Questions 9, 10 or 11, did Nuance prove by clear and
convincing evidence that any of the ABBYY Defendants’ infringement of the ’161
patent was willful?
Answer “Yes” or “No” for each ABBYY Defendant (ABBYY Software, ABBYY
Production, ABBYY USA).

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ABBYY
Software

______

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ABBYY
Production

______

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ABBYY
USA

______

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DAMAGES FOR PATENT INFRINGEMENT
13.

If you found that neither the ABBYY entities nor Lexmark infringed any claim of the
’342 and ’489 patents, do not answer this Question and proceed to Question 14.

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If you found that any of the ABBYY entities or Lexmark infringed at least one claim of
either the ’342 or ’489 patent, what amount of damages, if any, did Nuance prove by a
preponderance of the evidence for infringement of the ’342 and/or ’489 patents?

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The ABBYY entities $________________________
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Lexmark

$________________________

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14.
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If you found that any of the ABBYY entities infringed claim 62 of the ’161 patent, what
amount of damages, if any, did Nuance prove by a preponderance of the evidence for
infringement of the ’161 patent?

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For the Northern District of California

United States District Court

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The ABBYY entities $________________________

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If you found that the ABBYY entities did not infringe claim 62 of the ’161 patent, do
not answer this Question and proceed to Question 15.

NUANCE’S TRADE DRESS CLAIMS AGAINST ABBYY
15.

Did Nuance prove by a preponderance of the evidence that its asserted packaging trade
dress is protectable?

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Answer “Yes” or “No” ___________
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If you answered “No,” then skip the rest of the Questions.
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16.

Did Nuance prove by a preponderance of the evidence that ABBYY infringed Nuance’s
trade dress?

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Answer “Yes” or “No” ___________

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If you answered “No,” then skip the rest of the Questions.

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DAMAGES FOR TRADE DRESS INFRINGEMENT
17.

What amount of damages, if any, has Nuance proven by a preponderance of the
evidence for infringement of its trade dress?

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Amount

$________________________

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Please date and sign the Verdict Form and return it to the Court.
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Dated: ___________

_________________________
Foreperson

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