Good Technology Corporation et al v. MobileIron, Inc.

Filing 522

[PROPOSED] VERDICT FORM Signed by Judge Paul S. Grewal on July 28, 2015 (psglc2S, COURT STAFF) (Filed on 7/28/2015)

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1 2 3 4 5 6 7 8 9 UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA SAN JOSE DIVISION United States District Court For the Northern District of California 10 11 12 13 14 15 16 GOOD TECHNOLOGY CORPORATION AND ) GOOD TECHNOLOGY SOFTWARE, INC., ) ) Plaintiffs, ) ) v. ) ) MOBILEIRON, INC., ) ) Defendant. ) ) 17 18 19 20 21 22 23 24 25 26 27 28 1 Case No. 5:12-cv-05826-PSG [PROPOSED] VERDICT FORM Case No. 5:12-cv-05826-PSG [PROPOSED] VERDICT FORM VERDICT FORM 1 2 3 4 5 6 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 When answering the following questions and filling out this verdict form, please follow the directions provided throughout the form. Your answer to each question must be unanimous. 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. Part A. GOOD TECHNOLOGY’S FALSE ADVERTISING CLAIM 1. Has Good Technology proven by a preponderance of the evidence that MobileIron made a false or misleading statement of fact in a commercial statement about the nature or quality of Good Technology’s products, services, or commercial activities? ___________ Yes ___________ No 2. Has Good Technology proven by a preponderance of the evidence that MobileIron caused the false or misleading statement to enter interstate commerce? ___________ Yes ___________ No If your answer to both Questions 1 and 2 is “Yes,” then please proceed to Question 3. If your answer to either Question 1 or 2 is “No,” proceed directly to Part B. 16 17 18 19 20 3. Has Good Technology proven by a preponderance of the evidence that any such statement was deliberately false? ___________ Yes ___________ No If your answer to Question 3 is “Yes,” then please proceed to Question 4. If your answer to Question 3 is “No,” proceed directly to Question 5. 21 22 23 24 25 26 27 4. Has MobileIron shown there is evidence that the false statement did not deceive a substantial segment of Good Technology’s customers and that there is evidence that the false statement did not likely influence the purchasing decisions of customers? ___________ Yes ___________ No If your answer to Question 4 is “Yes,” then please proceed to Question 5. If your answer to Question 4 is “No,” proceed directly to Question 7. 28 2 Case No. 5:12-cv-05826-PSG [PROPOSED] VERDICT FORM 1 2 3 4 5 6 7 8 9 United States District Court For the Northern District of California 10 11 12 13 14 15 16 17 5. Has Good Technology proven by a preponderance of the evidence both that the false or misleading statement actually deceived or had a tendency to deceive a substantial segment of Good Technology’s customers and that the false or misleading statement likely influenced the purchasing decisions of customers? ___________ Yes ___________ No If your answer to Question 5 is “Yes,” then please proceed to Question 6. If your answer to Question 5 is “No,” proceed directly to Part B. 6. Has Good Technology proven by a preponderance of the evidence that the false or misleading statement caused Good Technology to be damaged by a diversion of sales or loss of goodwill? ___________ Yes ___________ No If your answer to Question 6 is “Yes,” then please proceed to Question 7. If your answer to Question 6 is “No,” proceed directly to Part B. 7. Has MobileIron proven by a preponderance of the evidence that Good Technology made false or misleading representations related to the subject matter of its false advertising claim to an extent that it would be unfair to allow Good Technology to enforce its claim? ___________ Yes ___________ No If your answer to Question 7 is “Yes,” proceed directly to Part B. If your answer to Question 7 is “No,” proceed directly to Question 8. 18 19 20 21 8. What amount of damages has Good Technology proven are attributable to MobileIron’s false or misleading statement? Total Damages: $________________ Please proceed to Part B. 22 23 24 25 26 27 28 3 Case No. 5:12-cv-05826-PSG [PROPOSED] VERDICT FORM

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