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

Filing 599

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. 599 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, rather than Telcordia?

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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 Amazon directly infringes any of the asserted claims of the `120 patent? ____________

Do you find that the Plaintiff has proven by a preponderance of the evidence that AOL Inc.'s servers with disabled routing caches directly infringe any of the asserted claims of the `120 patent? ____________ Do you find that the Plaintiff has proven by a preponderance of the evidence that AOL Inc.'s other servers directly infringe any of the asserted claims of the `120 patent? ____________

Do you find that the Plaintiff has proven by a preponderance of the evidence that MySpace, Inc. directly infringes any of the asserted claims of the `120 patent? ____________

Do you find that the Plaintiff has proven by a preponderance of the evidence that SoftLayer directly infringes any of the asserted claims of the `120 patent? ____________

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

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____________ If you answered "YES" to any part of this question, then answer Question 3 below. If you answered "NO" to all 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 any part of Question 2. If you answered "NO" to all parts of Question 2, then do not answer this question, but proceed to Question 4.

QUESTION 3: If you find that any of the Defendants have directly infringed the asserted claims of the `120 patent, please indicate which Defendants directly infringed which claims in the table below. Please place a "Y" in the appropriate box for the claims, if any, for which you find infringement by a particular Defendant. You may leave all other spaces blank. For use of the accused Linux code in Linux kernels versions prior to 2.6.25 (i.e., "CAND code") : Patent Claims 1 Amazon.com Inc. AOL Inc. (Servers with Disabled Routing Caches) AOL Inc. (Other Servers) Myspace, Inc. SoftLayer Technologies, Inc. Yahoo! Inc. 2

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For use of the accused Linux code in Linux kernels versions 2.6.25 and later (i.e., "GENID code") : Patent Claims 1 Amazon.com Inc. Myspace, Inc. SoftLayer Technologies, Inc. Yahoo! Inc. 2 5 6

Proceed to Question 4.

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QUESTION 4: Do you find that Defendants have proven by a preponderance of the evidence that any of the following claims of the `120 patent are invalid because they are anticipated by the prior art? Please answer "YES" for each claim that you find is invalid.

Claim 1 Claim 2 Claim 5 Claim 6

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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 any of the following claims of the `120 patent are invalid because they would have been obvious in light of the prior art? Please answer "YES" for each claim that you find is invalid.

Claim 1 Claim 2 Claim 5 Claim 6

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Proceed to Question 6.

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If you have found that a claim has been infringed by one or more defendants in Question 3 and found that that infringed claim is not invalid after answering Questions 4-5, then answer Question 6 for each defendant you found to infringe a valid claim. Otherwise, do not answer Questions 6. Instead, complete this verdict form by signing and dating the last page.

QUESTION 6: If you found that Amazon 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 Amazon does not infringe a valid claim of the asserted patent.

_________________ If you found that AOL Inc. 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 AOL Inc. does not infringe a valid claim of the asserted patent.

_________________ If you found that MySpace, Inc. 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.

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Please answer in dollars and cents, if any. Leave blank if you found that MySpace does not infringe a valid claim of the asserted patent.

_________________ If you found that SoftLayer 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 SoftLayer does not infringe a valid claim of the asserted patent.

_________________ If you found that Yahoo! 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 Yahoo! 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. SIGNED this _____ day of __________________, 201___.

____________________________________ JURY FOREPERSON

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