Emblaze Ltd. v. Apple Inc.

Filing 602

VERDICT FORM. Signed by Judge Paul S. Grewal on July 10, 2014. (psglc2, COURT STAFF) (Filed on 7/10/2014)

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1 B. FINDINGS ON INVALIDITY 2 ANTICIPATION 3 3. 4 5 Did you find by clear and convincing evidence that any of the following claims are invalid as anticipated by the prior art? Answer “YES” or “NO” for each listed claim. (An answer of YES is a finding for Apple. An answer of NO is a finding for Emblaze). 6 7 Claim 23 ______ Claim 37 9 ______ Claim 28 8 ______ United States District Court For the Northern District of California 10 11 12 13 14 OBVIOUSNESS 4. Did you find by clear and convincing evidence that any of the following claims are invalid as obvious in view of the prior art? Answer “YES” or “NO” for each listed claim. (An answer of YES is a finding for Apple. An answer of NO is a finding for Emblaze). 15 16 Claim 23 ______ 17 Claim 28 ______ 18 Claim 37 ______ 19 Claim 40 ______ 20 21 22 23 24 25 26 27 28 4 Case No. 5:11-cv-01079-PSG VERDICT FORM 1 C. FINDINGS ON DAMAGES REASONABLE ROYALTY 2 If you have found any claim infringed and not invalid, answer Questions 5-7. Otherwise, do not answer Questions 5-7. 3 4 5 5. 6 In the hypothetical negotiation, do you find that the parties would have agreed to a license agreement for a running royalty or for a fully paid-up lump sum? Choose only one. Running royalty: ______ OR Fully paid-up lump sum: _______ 7 8 Only answer the following Question 6 if you chose “running royalty” in Question 5. If you chose “fully paid-up lump sum” in Question 5 skip to Question 7. 9 United States District Court For the Northern District of California 10 6. 11 12 What “royalty base” and what “royalty rate” do you find from a preponderance of the evidence would fairly and reasonably compensate Emblaze for Apple's infringement through June 30, 2013 (fill in the numbers in the empty columns): ROYALTY BASE 13 ROYALTY RATE Number of Devices amount per unit ($) Number of Software Upgrades amount per unit ($) Total Amount of Application Revenues percentage (%) 14 15 16 17 18 19 Only answer the following Question 7 if you chose “fully paid-up lump sum” in Question 5. 20 22 What paid-up lump sum of money, if paid now in cash, do you find from a preponderance of the evidence would fairly and reasonably compensate Emblaze for Apple’s infringement? 23 Answer with the amount: $ 21 7. 24 Certification of Jury Verdict 25 _________________________ JURY FOREPERSON 26 ________________________ DATE 27 28 5 Case No. 5:11-cv-01079-PSG VERDICT FORM

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