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 J

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.,

VERDICT FORM

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

Has Eolas shown by a preponderance of the evidence that Staples infringes directly or
indirectly any of the following claims of the patents in suit based on the use of the
interactive zoom on staples.com? Answer “Yes” or “No” for each claim.

‘906 Patent

Yes

No

Yes

No

1 (independent)
6 (independent)

‘985 Patent
1 (independent)
16 (independent)
20 (independent)
2 (dependent)
3 (dependent)
8 (dependent)
10 (dependent)
11 (dependent)
17 (dependent)
18 (dependent)
21 (dependent)
22 (dependent)

2.

Has Eolas shown by a preponderance of the evidence that Staples infringes directly or
indirectly any of the following claims of the patents in suit based on the use of the
slideshow on staples.com? Answer “Yes” or “No” for each claim.

‘906 Patent

Yes

No

Yes

No

1 (independent)
6 (independent)

‘985 Patent
1 (independent)
16 (independent)
20 (independent)
2 (dependent)
3 (dependent)
8 (dependent)
10 (dependent)
11 (dependent)
17 (dependent)
18 (dependent)
21 (dependent)
22 (dependent)

3.

Has Eolas shown by a preponderance of the evidence that Staples infringes directly or
indirectly any of the following claims of the patents in suit based on the use of video on
staples.com? Answer “Yes” or “No” for each claim.

‘906 Patent

Yes

No

Yes

No

1 (independent)
6 (independent)

‘985 Patent
1 (independent)
16 (independent)
20 (independent)
2 (dependent)
3 (dependent)
8 (dependent)
10 (dependent)
11 (dependent)
17 (dependent)
18 (dependent)
21 (dependent)
22 (dependent)

4.

Has Eolas shown by a preponderance of the evidence that Staples infringes directly or
indirectly any of the following claims of the patents in suit based on the use of
autocomplete on staples.com? Answer “Yes” or “No” for each claim.

‘985 Patent
36 (independent)
40 (independent)

Yes

No

37 (dependent)
38 (dependent)
39 (dependent)
41 (dependent)
42 (dependent)
43 (dependent)

5.

Has Eolas shown by a preponderance of the evidence that Staples infringes directly or
indirectly any of the following claims of the patents in suit based on the use of the
carousel on staples.com? Answer “Yes” or “No” for each claim.

‘985 Patent

Yes

No

36 (independent)
40 (independent)
37 (dependent)
38 (dependent)
39 (dependent)
41 (dependent)
42 (dependent)
43 (dependent)

6.

Has Eolas shown by a preponderance of the evidence that Staples infringes directly or
indirectly any of the following claims of the patents in suit based on the use of the
product tour on order.staplesadvantage.com? Answer “Yes” or “No” for each claim.

‘985 Patent
1 (independent)
16 (independent)

Yes

No

20 (independent)
2 (dependent)
3 (dependent)
8 (dependent)
10 (dependent)
11 (dependent)
17 (dependent)
18 (dependent)
21 (dependent)
22 (dependent)

7.

Has Eolas shown by a preponderance of the evidence that Staples infringes directly or
indirectly any of the following claims of the patents in suit based on the use of the
product viewer on order.staplesadvantage.com? Answer “Yes” or “No” for each claim.

‘985 Patent
1 (independent)
16 (independent)
20 (independent)
36 (independent)
40 (independent)
2 (dependent)
3 (dependent)
8 (dependent)
10 (dependent)

Yes

No

11 (dependent)
17 (dependent)
18 (dependent)
21 (dependent)
22 (dependent)
37 (dependent)
38 (dependent)
39 (dependent)
41 (dependent)
42 (dependent)
43 (dependent)

8.

Has Eolas shown by a preponderance of the evidence that Staples infringes directly or
indirectly any of the following claims of the patents in suit based on the
weeklyad.staples.com website? Answer “Yes” or “No” for each claim.

‘906 Patent

Yes

No

Yes

No

1 (independent)
6 (independent)

‘985 Patent
1 (independent)
16 (independent)
20 (independent)
2 (dependent)

3 (dependent)
8 (dependent)
10 (dependent)
11 (dependent)
17 (dependent)
18 (dependent)
21 (dependent)
22 (dependent)

9.

Has Eolas shown by a preponderance of the evidence that Staples infringes directly or
indirectly any of the following claims of the patents in suit based on the
media.staples.com website? Answer “Yes” or “No” for each claim.

‘906 Patent

Yes

No

Yes

No

1 (independent)
6 (independent)

‘985 Patent
1 (independent)
16 (independent)
20 (independent)
2 (dependent)
3 (dependent)
8 (dependent)
10 (dependent)

11 (dependent)
17 (dependent)
18 (dependent)
21 (dependent)
22 (dependent)

10.

Has Eolas shown by a preponderance of the evidence that Staples infringes directly or
indirectly any of the following independent claims of the patents in suit based on the
staplesadvantagecatalogs.com website? Answer “Yes” or “No” for each claim.

‘906 Patent

Yes

No

Yes

No

1 (independent)
6 (independent)

‘985 Patent
1 (independent)
16 (independent)
20 (independent)
36 (independent)
40 (independent)
2 (dependent)
3 (dependent)
8 (dependent)
10 (dependent)
11 (dependent)

17 (dependent)
18 (dependent)
21 (dependent)
22 (dependent)
37 (dependent)
38 (dependent)
39 (dependent)
41 (dependent)
42 (dependent)
43 (dependent)

INVALIDITY
5.

Has Staples shown by clear and convincing evidence that any of the following claims are
invalid?

‘906 Patent

Yes

No

Yes

No

1 (independent)
6 (independent)

‘985 Patent
1 (independent)
16 (independent)
20 (independent)
36 (independent)
40 (independent)
2 (dependent)
3 (dependent)
8 (dependent)
10 (dependent)
11 (dependent)
17 (dependent)
18 (dependent)
21 (dependent)
22 (dependent)
37 (dependent)

38 (dependent)
39 (dependent)
41 (dependent)
42 (dependent)
43 (dependent)

INEQUITABLE CONDUCT

Has Staples proven by clear and convincing evidence that anyone involved in the prosecution of
the ‘906 or ‘985 patents withheld material prior art from the Patent and Trademark Office with
intent to deceive?
Please answer “Yes” or “No” in the spaces provided below
Yes ____ No ____

DAMAGES
ANSWER THIS QUESTION ONLY FOR ANY ASSERTED CLAIMS YOU FOUND
BOTH INFRINGED AND NOT INVALID. IF YOU FOUND NO CLAIMS
INFRINGED AND NOT INVALID, PLEASE DO NOT ANSWER THIS QUESTION.
Has Eolas proven to a reasonable certainty that it is entitled to damages?
Please answer “Yes” or “No” in the spaces provided below
Yes ____ No ____
If the answer is yes, what sum of money do you find would fairly and reasonably compensate
Eolas for Staples’ infringement of the patent claims that you have found were infringed and not
invalid?

$___________________