Volterra Semiconductor Corporation v. Primarion, Inc. et al

Filing 1594

Court's Revised Proposed Verdict Form. Signed by Judge Joseph C. Spero on May 23, 2011. (jcslc1, COURT STAFF) (Filed on 5/23/2011)

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1 2 3 4 5 UNITED STATES DISTRICT COURT 6 NORTHERN DISTRICT OF CALIFORNIA 7 8 VOLTERRA SEMICONDUCTOR CORP., 9 11 For the Northern District of California United States District Court 10 No. C-08-05129 JCS Plaintiff, v. PRIMARION, INC., ET AL., 12 13 Defendants. ___________________________________/ 14 15 16 17 COURT’S REVISED PROPOSED VERDICT FORM 18 19 20 21 22 23 24 25 26 27 28 DATED: May 23, 2011 ___________________________ JOSEPH C. SPERO United States Magistrate Judge 1 2 JURY VERDICT We, the jury, unanimously find as follows: 3 4 1. Has Volterra proven the existence of the following objective indicia of nonobviousness with respect to claims 9, 11 and 16-19 of the ‘522 patent? 5 a. commercial success of a product or products due to the merits of the claimed inventions 6 No _____ Yes _____ 7 8 b. 9 No _____ a long felt need for the solution provided by the claimed inventions Yes _____ c. 11 For the Northern District of California United States District Court 10 unsuccessful attempts by others to find the solution provided by the claimed inventions 12 No _____ 13 d. 14 No _____ Yes _____ copying of the claimed inventions by others Yes _____ 15 e. unexpected and superior results from the claimed inventions 16 No _____ Yes _____ 17 18 f. acceptance by others of the claimed inventions as shown by praise from others in the field 19 No _____ Yes _____ 20 21 g. 22 No _____ whether persons expressed surprise, skepticism, or disbelief regarding the inventions Yes _____ 23 Proceed to Question 2 24 25 26 2. Have Defendants proven by clear and convincing evidence that claims 9, 11 and 16-19 of the ‘522 patent would have been obvious to a person of ordinary skill in the field at the time of the date of the invention? 27 No ____________ Yes _________ 28 2 1 2 3 4 You have now reached the end of the verdict form and should review it to ensure it accurately reflects your unanimous determinations. The Presiding Juror should then sign and date the verdict form in the spaces below and notify the Security Guard that you have reached a verdict. The Presiding Juror should retain possession of the verdict form and bring it when the jury is brought back into the courtroom. SIGN AND DATE THE SPECIAL VERDICT FORM 5 Signed:____________________________________________________________ 6 Foreperson of the Jury:_______________________________________________ 7 Dated:__________________ 8 After this Verdict Form has been signed and dated, please submit a Jury Note to the Court Security Officer notifying the Court that the Jury has reached a verdict. Please return the Verdict Form to the Courtroom Deputy. 9 11 For the Northern District of California United States District Court 10 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 3

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