Apple Inc. v. Samsung Electronics Co. Ltd. et al

Filing 3446

TENTATIVE VERDICT FORM. Signed by Judge Lucy H. Koh on March 4, 2016. (lhklc1, COURT STAFF) (Filed on 3/4/2016)

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1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION United States District Court Northern District of California 11 12 APPLE INC., Plaintiff, 13 14 15 16 Case No. 11-CV-01846-LHK TENTATIVE VERDICT FORM v. SAMSUNG ELECTRONICS CO. LTD., et al., Defendants. 17 18 The Court’s tentative verdict form is attached as Exhibit A. The parties shall file any 19 comments to this verdict from by Friday, March 11, 2016. 20 IT IS SO ORDERED. 21 22 Dated: March 4, 2016 ______________________________________ LUCY H. KOH United States District Judge 23 24 25 26 27 28 1 Case No. 11-CV-01846-LHK TENTATIVE VERDICT FORM 1 2 3 4 5 6 7 EXHIBIT A 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 2 Case No. 11-CV-01846-LHK TENTATIVE VERDICT FORM 1 2 3 4 5 6 7 8 UNITED STATES DISTRICT COURT 9 NORTHERN DISTRICT OF CALIFORNIA 10 SAN JOSE DIVISION United States District Court Northern District of California 11 12 APPLE INC., Plaintiff, 13 14 15 16 Case No. 11-CV-01846-LHK VERDICT FORM v. SAMSUNG ELECTRONICS CO. LTD., et al., Defendants. 17 18 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. 19 FINDINGS ON APPLE’S DAMAGES CLAIMS 20 21 22 23 24 1. What is the total dollar amount that Apple is entitled to receive in damages from Samsung? $ . 2. For the total dollar amount in your answer to Question 1, please provide the dollar breakdown by patent and by product. (Do not provide an answer for any cell that is blacked out.) 25 26 27 28 3 Case No. 11-CV-01846-LHK TENTATIVE VERDICT FORM 15 17 18 19 20 21 22 23 24 25 26 28 16 06/16/2011 to 06/30/2012 Case No. 11-CV-01846-LHK TENTATIVE VERDICT FORM 27 4 Total Vibrant (JX1010) Mesmerize (JX1015) Galaxy S Showcase (JX1017) No Double Recovery No Double Recovery No Double Recovery 12 Galaxy S4G (JX1019) 8 No Double Recovery4 06/16/2011 to 06/30/20123 7 04/15/2011 to 06/15/20112 ’163 5 Fascinate (JX1013) 04/15/2011 to 05/29/2011 14 08/04/2010 to 04/14/2011 13 Damages Period: 11 D’305 or D’087 or D’6771 10 D’677 Alone 9 ’915 6 ’381 08/04/2010 to 06/30/2012 Total 3 Patent 2 4 All 5 products infringe the D’677 Patent. All 5 products infringe the D’305 Patent. The Galaxy S4G and Vibrant infringe the D’087 Patent. The Fascinate, Galaxy S Showcase, and Mesmerize do not infringe the D’087 Patent and are not eligible for an award based on that patent. 2 The D’677 is the only design patent eligible for damages from April 15, 2011 to June 15, 2011. 3 All three Apple design patents are eligible for damages from June 16, 2011 to June 30, 2012. In this case, Apple seeks Samsung’s profits from sales of products that infringe Apple’s design patents. You may award to Apple Samsung’s total profit attributable to the infringing products. However, Apple may only recover that form of damages once per unit, no matter how many design patents were infringed by that unit. 4 “No Double Recovery” indicates that units that infringed this patent in this time period also infringed one or more design patents and thus no further damages may be awarded. 1 United States District Court Northern District of California 1 1 ___________________________________ 2 IT IS SO ORDERED. 3 4 Dated: ______________________________________ LUCY H. KOH United States District Judge 5 6 7 8 9 10 United States District Court Northern District of California 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 5 Case No. 11-CV-01846-LHK TENTATIVE VERDICT FORM

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