Bedrock Computer Technologies, LLC v. Softlayer Technologies, Inc. et al

Filing 598

Proposed Jury Instructions by Bedrock Computer Technologies, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Appendix A to Exhibit B, #4 Appendix B to Exhibit B, #5 Exhibit C, #6 Exhibit D, #7 Exhibit E, #8 Exhibit F)(Cawley, Douglas)

Bedrock Computer Technologies, LLC v. Softlayer Technologies, Inc. et al

Doc. 598 Att. 6

EXHIBIT D

Dockets.Justia.com

UNITED STATES DISTRICT COURT EASTERN DISTRICT OF TEXAS TYLER DIVISION BEDROCK COMPUTER TECHNOLOGIES LLC, Plaintiff, v. SOFTLAYER TECHNOLOGIES, INC. et al., Defendants. ) ) ) ) ) ) ) ) ) ) ) ) ) ) )

CASE NO. 6:09­CV­00269 Hon. Leonard E. Davis

JURY TRIAL DEMANDED

VERDICT FORM In answering these questions, you are to follow all of the instructions I have given you in the Charge of Court.

QUESTION 1: Do you find that Bedrock has proven by a preponderance of the evidence that it owns the `120 patent and therefore has legal standing to sue for infringement?

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If you answered "YES" to this question, then answer Question 2 below. If you answered "NO" to this question, do not answer any other questions. Instead, complete this verdict form by signing and dating the last page. 1

QUESTION 2: Do you find that the Plaintiff has proven by a preponderance of the evidence that Google directly infringes the asserted claims of the `120 patent?

____________

Do you find that the Plaintiff has proven by a preponderance of the evidence that Match.com directly infringes the asserted claims of the `120 patent?

____________

If you answered "YES" to either part of this question, then answer Question 3 below. If you answered "NO" to both parts of this question, then do not answer Question 3, but proceed to Question 4.

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Only answer this question if you answered "YES" to either part of Question 2. If you answered "NO" to both parts of Question 2, then do not answer this question, but proceed to Question 4.

QUESTION 3: Do you find that Google has directly infringed claims 1, 2, 5 or 6 of the `120 patent?

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Do you find that Match.com has directly infringed claims 1 or 2 of the `120 patent?

___________

Proceed to Question 4.

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QUESTION 4: Do you find that Defendants have proven by a preponderance of the evidence that the following claims of the `120 patent are invalid because they are anticipated by the prior art?

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Proceed to Question 5.

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QUESTION 5: Do you find that the Defendants have proven by a preponderance of the evidence that the following claims of the `120 patent are invalid because they would have been obvious in light of the prior art?

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Proceed to Question 6.

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If you have answered "YES" to either part of Question 2 and found one or more of the asserted claims not to be invalid in Questions 4-5, then answer Question 6. Otherwise, do not answer Questions 6. Instead, complete this verdict form by signing and dating the last page.

QUESTION 6: If you found that Google infringes one or more valid claims of `120 patent, please determine what sum of money, if paid now in cash, would fairly and adequately compensate the Plaintiff for damages for infringement that you have found in answers to Question 3, if any. Please answer in dollars and cents, if any. Leave blank if you found that Google does not infringe a valid claim of the asserted patent.

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If you found that Match.com infringes one or more valid claims of `120 patent, please determine what sum of money, if paid now in cash, would fairly and adequately compensate the Plaintiff for damages for infringement that you have found in answers to Question 3, if any. Please answer in dollars and cents, if any. Leave blank if you found that Match.com does not infringe a valid claim of the asserted patent.

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The jury foreperson should sign and date the Verdict Form and return it to the Security Officer.

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SIGNED this _____ day of __________________, 201___.

____________________________________ JURY FOREPERSON

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