Conceptus, Inc. v. Hologic, Inc.

Filing 457

COURT'S PROPOSED CHARGE TO THE JURY AND SPECIAL VERDICT FORM. Provided by Judge Alsup on October 7, 2011. (Attachments: # 1 Appendix [Draft] Special Verdict Form)(whalc1, COURT STAFF) (Filed on 10/7/2011)

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IN THE UNITED STATES DISTRICT COURT

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FOR THE NORTHERN DISTRICT OF CALIFORNIA
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CONCEPTUS, INC.,

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For the Northern District of California

United States District Court

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No. C 09-02280 WHA

Plaintiff,
[DRAFT]
v.
SPECIAL VERDICT FORM
HOLOGIC, INC.,

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Defendant.
/

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YOUR ANSWERS MUST BE UNANIMOUS.

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1.

Has Conceptus proven by a preponderance of the evidence that the accused Adiana

procedure, when performed by doctors, infringes claims 37 and/or 38 of the ’361 patent?

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CLAIM 37:

________
Yes

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No

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CLAIM 38:

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Yes

________
No

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IF YOU ANSWERED “NO” FOR BOTH CLAIMS IN QUESTION 1, THEN SKIP TO QUESTION 3. IF YOU
ANSWERED “YES” FOR EITHER CLAIM, THEN AS TO ANY SUCH CLAIM YOU MUST ANSWER QUESTION 2.

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2.

Has Conceptus proven by a preponderance of the evidence that Hologic has

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induced or contributed to any infringement of claims 37 and/or 38 of the ’361 patent by doctors

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who performed the Adiana procedure?

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CLAIM 37:

________
Yes

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No

CLAIM 38:

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Yes

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No

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YOU MUST ANSWER QUESTIONS 3 AND 4 REGARDLESS OF YOUR ANSWERS TO QUESTIONS 1 AND 2.

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3.

Has Hologic proven by clear and convincing evidence that claims 37 and/or 38 of

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For the Northern District of California

United States District Court

the ’361 patent are invalid by reason of anticipation or obviousness?
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CLAIM 37:

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Yes

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No

CLAIM 38:

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Yes

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No

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4.

Has Hologic proven by clear and convincing evidence that claims 37 and/or 38 of

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the ’361 patent are invalid by reason of inadequate written description or lack of enablement?
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CLAIM 37:

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Yes

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No

CLAIM 38:

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Yes

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No

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IF YOU ANSWERED “YES” TO EITHER (OR BOTH) CLAIMS FOR BOTH QUESTIONS 1 AND 2, AND “NO” TO
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BOTH QUESTIONS 3 AND 4, THEN ANSWER

QUESTIONS 5 TO 7. THAT IS, IF YOU HAVE FOUND HOLOGIC

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HAS INDUCED OR CONTRIBUTED TO INFRINGEMENT OF AT LEAST ONE CLAIM AND FOUND THAT SAID

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CLAIM IS NOT INVALID, THEN YOU MUST ANSWER THE NEXT THREE QUESTIONS. OTHERWISE, SKIP

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QUESTIONS 5 TO 7.
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5.

What damages, if any, has Conceptus proven by a preponderance of the evidence

by reason of Hologic inducing or contributing to infringement of the claims in suit?

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$___________
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6.

What royalty rate do you find has been proven?

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___________%

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Has Conceptus proven by clear and convincing evidence that Hologic acted

willfully in inducing or contributing to any infringement of the claims in suit?

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For the Northern District of California

United States District Court

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7.

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Yes

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No

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Dated: October ___, 2011.

FOREPERSON

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