Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 1245

Proposed Jury Instructions by Eolas Technologies Incorporated, The Regents of the University of California. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Appendix A, # 4 Appendix B, # 5 Appendix C, # 6 Exhibit C, # 7 Exhibit D, # 8 Exhibit E, # 9 Exhibit F, # 10 Exhibit G, # 11 Exhibit H, # 12 Exhibit I, # 13 Exhibit J, # 14 Exhibit K)(McKool, Mike)

EXHIBIT I

IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS

§
§
§
§
Plaintiff,
§
§
vs.
§ Civil Action No. 6:09-cv-446-LED
§
Adobe Systems, Inc.., Amazon.com, Inc.,
§
Apple Inc., Argosy Publishing, Inc.,
Blockbuster Inc., CDW Corp., Citigroup Inc., §
§
eBay Inc., Frito-Lay, Inc., The Go Daddy
§
Group, Inc., Google Inc., J.C. Penney
Company, Inc., JPMorgan Chase & Co., New §
§
Frontier Media, Inc., Office Depot, Inc.,
Playboy Enterprises International, Inc., Rent-A- §
§
Center, Inc., Staples, Inc., Sun Microsystems
Inc., Texas Instruments Inc., Yahoo! Inc., and §
§
YouTube, LLC,
§
§
Defendants.
§
Eolas Technologies, Inc.,

J.C. PENNEY’S PROPOSED VERDICT FORM

In answering these questions, you are to follow the instructions I have given you in the
Charge of Court.
INFRINGEMENT
1.

Did Eolas prove by a preponderance of the evidence that J.C. Penney directly infringes
any of the following asserted claims of the ‘985 patent?
Answer “Yes” or “No” to each question below.

‘985 Patent

Yes

No

[insert claims that are
tried]

2.

Did Eolas prove by a preponderance of the evidence that J.C. Penney has induced
infringement of any of the following asserted claims of the ‘985 patent?
Answer “Yes” or “No” to each question below.

‘985 Patent
[insert claims that are
tried]

Yes

No

3.

Did Eolas prove by a preponderance of the evidence that J.C. Penney directly infringes
any of the following asserted claims of the ‘906 patent?
Answer “Yes” or “No” to each question below.

‘906 Patent

Yes

No

[insert claims that are
tried]

4.

Did Eolas prove by a preponderance of the evidence that J.C. Penney has induced
infringement of any of the following asserted claims of the ‘906 patent?
Answer “Yes” or “No” to each question below.

‘906 Patent
[insert claims that are
tried]

Yes

No

INVALIDITY
5.

Did Defendants prove by clear and convincing evidence that any of the patent claims
asserted against J.C. Penney are invalid?
Answer "Yes" or "No" to each question below. Your answer need not be the same for
each question, but you may find that a claim is invalid on any or all of the bases that have
been explained to you. Answer all questions for all claims regardless of whether you
have found those claims were infringed.

‘985 Patent

Anticipation?

Obviousness?

Written description?

Anticipation?

Obviousness?

Written description?

[insert claims that are
tried]

‘906 Patent
[insert claims that are
tried]

CONTRACTUAL AND LICENSE DEFENSES
6. Did defendant J.C. Penney prove by a preponderance of the evidence that Plaintiffs’
covenant not to sue Microsoft customers and end-users applies to J.C. Penney’s conduct
at issue in this case?
Please answer “Yes” or “No” in the spaces provided below
Yes ____ No ____
7. Did defendant J.C. Penney prove by a preponderance of the evidence that Plaintiffs’
covenant not to sue Microsoft customers and end-users applies to visitors to J.C.
Penney’s accused websites?
Please answer “Yes” or “No” in the spaces provided below
Yes ____ No ____
8. Did defendant J.C. Penney prove by a preponderance of the evidence that its conduct at
issue in this case is authorized under an implied license?
Please answer “Yes” or “No” in the spaces provided below
Yes ____ No ____

9. Did defendant J.C. Penney prove by a preponderance of the evidence that visitors to its
websites are authorized under an implied license?
Please answer “Yes” or “No” in the spaces provided below
Yes ____ No ____
10. Did defendant J.C. Penney prove by a preponderance of the evidence that its conduct at
issue in this case is authorized under the doctrine of patent exhaustion?
Please answer “Yes” or “No” in the spaces provided below
Yes ____ No ____
11. Did defendant J.C. Penney prove by a preponderance of the evidence that visitors to its
websites are authorized under the doctrine of patent exhaustion?
Please answer “Yes” or “No” in the spaces provided below
Yes ____ No ____

INEQUITABLE CONDUCT
12. Did Defendants prove by clear and convincing evidence that:
a) Anyone involved in the prosecution of the ’906 or ’985 patents withheld material
prior art from the Patent and Trademark Office?
Please answer “Yes” or “No” in the spaces provided below
Yes ____ No ____

b) Any withholding of material prior art to the ’906 or ’985 patents from the Patent
and Trademark Office was done with intent to deceive?
Please answer “Yes” or “No” in the spaces provided below
Yes ____ No ____

DAMAGES
ANSWER THIS QUESTION ONLY FOR PATENT CLAIMS ASSERTED AGAINST
J.C. PENNEY THAT YOU FOUND BOTH INFRINGED AND NOT INVALID. IF
YOU FOUND NO PATENT CLAIMS THAT ARE ASSERTED AGAINST J.C.
PENNEY INFRINGED AND NOT INVALID, PLEASE DO NOT ANSWER THIS
QUESTION.
13. What sum of money, if any, do you find from a preponderance of the evidence would
fairly and reasonably compensate Eolas for J.C. Penney’s current, past, and future
infringement of the patent claims that you have found were infringed and not invalid?

License Fee Damages

$_________________________

Profit Split Damages (if any)

$_________________________