Mirror Worlds, LLC v. Apple, Inc.

Filing 326

PROPOSED JURY VERDICT FORMS by Mirror Worlds Technologies, Inc., Mirror Worlds, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Solo, Alexander) Modified on 8/23/2010 (kls, ).

Mirror Worlds, LLC v. Apple, Inc.

Doc. 326 Att. 1

Dockets.Justia.com

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS TYLER DIVISION MIRROR WORLDS, LLC Plaintiff, v. APPLE INC. Defendant. APPLE INC. Counterclaim Plaintiff v. MIRROR WORLDS, LLC, MIRROR WORLDS TECHNOLOGIES, INC., Counterclaim Defendants. MIRROR WORLDS' PROPOSED VERDICT FORM JURY TRIAL DEMANDED Civil Action No. 6:08-CV-88 LED

In answering these questions, you are to follow all of the instructions I have given you in the Court's Charge. I. INFRINGEMENT OF THE MIRROR WORLDS' PATENTS A. Did Mirror Worlds prove by a preponderance of the evidence that the listed

claims of the '227 Patent were infringed? Answer "Yes" or "No" for each listed claim: Claim 13 Claim 14 Claim 15 Claim 16 Claim 17 Claim 20 Claim 22 ___________ ___________ ___________ ___________ ___________ ___________ ___________

B.

Did Mirror Worlds prove by a preponderance of the evidence that the listed

claims of the '313 Patent were infringed? Answer "Yes" or "No" for each listed claim: Claim 1 Claim 2 ___________ ___________

-1-

Claim 3 Claim 4 Claim 9 Claim 10 Claim 11

___________ ___________ ___________ ___________ ___________

C.

Did Mirror Worlds prove by a preponderance of the evidence that the listed

claims of the '427 Patent were infringed? Answer "Yes" or "No" for each listed claim: Claim 1 Claim 2 Claim 5 Claim 7 Claim 8 Claim 9 Claim 10 Claim 13 Claim 15 Claim 16 Claim 17 Claim 18 ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________

-2-

Claim 19 Claim 22 Claim 24 Claim 25 Claim 26 Claim 29 Claim 31 Claim 32 Claim 33 Claim 34 Claim 37 Claim 39 D.

___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________

Did Mirror Worlds prove by a preponderance of the evidence that claim 1 of the

'999 Patent was infringed? Answer "Yes" or "No" ______________

II.

Invalidity of the Mirror Worlds' Patents A. Did Apple prove by clear and convincing evidence that the listed claims of the

'227 Patent were invalid for any of the following reasons? Answer "Yes" or "No" for each listed claim without "N/A": 1. Anticipation by Prior Art -32. Obviousness 3. Lack of Adequate Written Description

1. Anticipation by Prior Art Claim 13 Claim 14 Claim 15 Claim 16 Claim 17 Claim 20 Claim 22 ___________ ___________ ___________ ___________ ___________ ___________ ___________

2. Obviousness ___________ ___________ ___________ ___________ ___________ ___________ ___________

3. Lack of Adequate Written Description ___________ ___________ ___________ ___________ ___________ ___________ ___________

B.

Did Apple prove by clear and convincing evidence that the listed claims of the

'313 Patent were invalid for any of the following reasons? Answer "Yes" or "No" for each listed claim: 1. Anticipation by Prior Art Claim 1 Claim 2 Claim 3 Claim 4 Claim 9 Claim 10 Claim 11 ___________ ___________ ___________ ___________ ___________ ___________ ___________ 2. Obviousness ___________ ___________ ___________ ___________ ___________ ___________ ___________ 3. Lack of Adequate Written Description ___________ ___________ ___________ ___________ ___________ ___________ ___________

-4-

C.

Did Apple prove by clear and convincing evidence that the listed claims of the

'427 Patent were invalid for any of the following reasons? Answer "Yes" or "No" for each listed claim without "N/A": 1. Anticipation by Prior Art Claim 1 Claim 2 Claim 5 Claim 7 Claim 8 Claim 9 Claim 10 Claim 13 Claim 15 Claim 16 Claim 17 Claim 18 Claim 19 Claim 22 Claim 24 Claim 25 Claim 26 ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ 2. Obviousness ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ 3. Lack of Adequate Written Description ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ N/A ___________ ___________ ___________ ___________ ___________ N/A ___________

-5-

1. Anticipation by Prior Art Claim 29 Claim 31 Claim 32 Claim 33 Claim 34 Claim 37 Claim 39 D. ___________ ___________ ___________ ___________ ___________ ___________ ___________

2. Obviousness ___________ ___________ ___________ ___________ ___________ ___________ ___________

3. Lack of Adequate Written Description ___________ ___________ N/A N/A N/A ___________ ___________

Did Apple prove by clear and convincing evidence that the listed claims of the

'999 Patent were invalid for any of the following reasons? Answer "Yes" or "No" for each listed claim without "N/A": 1. Anticipation by Prior Art Claim 1 ___________ 2. Obviousness ___________ 3. Lack of Adequate Written Description ___________

If you found in Questions I. A through D that Mirror Worlds proved that Apple infringed at least one claim of the Mirror Worlds Patents (a "Yes" answer to any claim), and you found in Questions II. A through D that Apple did not prove that all of the listed claims were invalid ( a "No" answer to any claim), then answer Questions III and IV. Otherwise skip to Question V.

III.

WILLFUL INFRINGEMENT OF MIRROR WORLDS' PATENTS -6-

A.

Did Mirror Worlds prove by clear and convincing evidence that Apple's

infringement was willful? Answer "Yes" or "No" ______________

IV. DAMAGES FOR APPLE'S INFRINGEMENT OF MIRROR WORLDS' PATENTS What sum of money , if paid now in cash, do you find should be awarded to Mirror Worlds as damages adequate to compensate it for the valid patent claims you have found to have been infringed? Answer: V. $______________

INFRINGEMENT OF THE APPLE PATENT A. Did Apple prove by a preponderance of the evidence that MWT infringed the

listed claims of the Apple Patent? Answer "Yes" or "No" for each listed claim: Claim 1 Claim 2 Claim 3 Claim 4 Claim 5 Claim 6 ___________ ___________ ___________ ___________ ___________ ___________

-7-

Claim 7 Claim 8 Claim 9 Claim 10 Claim 11 Claim 12

___________ ___________ ___________ ___________ ___________ ___________

VI.

INVALIDITY OF THE APPLE PATENT A. Did MWT prove by clear and convincing evidence that the listed claims of the

Apple Patent were invalid for any of the following reasons? Answer "Yes" or "No" for each listed claim without "N/A": 1. Anticipation by Prior Art ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ -82. Obviousness ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________ ___________

Claim 1 Claim 2 Claim 3 Claim 4 Claim 5 Claim 6 Claim 7 Claim 8 Claim 9 Claim 10

Claim 11 Claim 12

___________ ___________

___________ ___________

VII.

Laches and Estoppel A. Did MWT prove by a preponderance of the evidence that Apple was not entitled

to damages before filing its counterclaim because of Laches? __________ B. Did MWT prove by a preponderance of the evidence that Apple was not entitled

to damages because of Equitable Estoppel? __________ C. Did MWT prove by clear and convincing evidence that Apple was not entitled to

damages because of Waiver? _______________ If you found in Question V that Apple proved that the Mirror Worlds Parties infringed at least one claim of the Apple Patent (a "Yes" to any claim), and you found in Questions VI that MWT did not prove that all of the listed claims were invalid (a "No" to any claim) and you found in Questions VII that MWT did not prove Laches, Estoppel or Waiver (a "No" to both questions) then answer Questions VIII and IX. Otherwise you are finished, and the foreperson should sign and date the last page of this Verdict Form.

VIII. WILLFUL INFRINGEMENT OF APPLE'S PATENT A. willful? Answer "Yes" or "No" ______________ -9Did Apple prove by clear and convincing evidence that MWT's infringement was

IX.

DAMAGES FOR MWT INFRINGEMENT OF APPLE'S PATENT A. What date did you determine damages for infringement of the Apple Patent

should begin? Date: ______________ B. What sum of money , if paid now in cash, do you find should be awarded to

Apple as damages adequate to compensate it for the valid patent claims you have found to have been infringed? Answer: ______________ Signed this ____ day of September, 2010: ________________________________ JURY FOREPERSON

-10-