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 K

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

§
§
§
§
Plaintiff,
§
§
vs.
§ Civil Action No. 6:09-cv-446-LED
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Adobe Systems, Inc.., Amazon.com, Inc.,
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Apple Inc., Argosy Publishing, Inc.,
Blockbuster Inc., CDW Corp., Citigroup Inc., §
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eBay Inc., Frito-Lay, Inc., The Go Daddy
§
Group, Inc., Google Inc., J.C. Penney
Company, Inc., JPMorgan Chase & Co., New §
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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 §
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YouTube, LLC,
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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.

Did Eolas prove by a preponderance of the evidence that Yahoo! infringes one or more
claims of the asserted patents?
Answer “Yes” or “No” to the question below. If you answer “No,” please
proceed to the next question. If you answer “Yes,” please check the claim(s) you
found infringed and indicate whether the infringement was direct and/or indirect
on the chart below.
Yes ____

No ____

‘906 Patent

Type of Infringement

Claim 1

Direct ____

Indirect ____

Claim 6

Direct ____

Indirect ____

Claim 1

Direct ____

Indirect ____

Claim 3

Direct ____

Indirect ____

Claim 16

Direct ____

Indirect ____

Claim 18

Direct ____

Indirect ____

Claim 20

Direct ____

Indirect ____

Claim 22

Direct ____

Indirect ____

Claim 36

Direct ____

Indirect ____

Claim 38

Direct ____

Indirect ____

Claim 40

Direct ____

Indirect ____

Claim 42

Direct ____

Indirect ____

‘985 Patent

INVALIDITY
2.

For each asserted claim, did Defendants prove by clear and convincing evidence that the
claim is invalid for anticipation, obviousness or lack of written description?
Answer “Yes” or “No” to each question below. Answer questions for all claims
regardless of whether you have found those claims were infringed.

‘906 Patent

Invalid?

Claim 1

Yes ____

No ____

Claim 6

Yes ____

No ____

Claim 1

Yes ____

No ____

Claim 3
Claim 16

Yes ____
Yes ____

No ____
No ____

Claim 18

Yes ____

No ____

Claim 20

Yes ____

No ____

Claim 22

Yes ____

No ____

Claim 36

Yes ____

No ____

Claim 38

Yes ____

No ____

Claim 40

Yes ____

No ____

Claim 42

Yes ____

No ____

‘985 Patent

WILLFULNESS
ANSWER THESE QUESTIONS FOR EACH PATENT ONLY IF YOU ANSWERED “YES”
IN QUESTION 1 ABOVE FOR EACH PATENT – OTHERWISE SKIP THIS QUESTION
AND PROCEED TO QUESTION 4
3.

Did Eolas prove by clear and convincing evidence that Yahoo! willfully infringed the
patents in suit?
Answer “Yes” or “No” for each listed patent:
‘906 Patent:

Yes ____

No ____

‘985 Patent:

Yes ____

No ____

INEQUITABLE CONDUCT

4.

Did Defendants prove by clear and convincing evidence that:
a) Anyone involved in the prosecution of the ’906 and ’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 and ’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 IF YOU FOUND ANY ASSERTED CLAIMS
INFRINGED AND NOT INVALID. IF YOU FOUND NO CLAIMS INFRINGED
AND NOT INVALID, PLEASE DO NOT ANSWER THIS QUESTION.
5.

What sum of money, if any, do you find from a preponderance of the evidence would
fairly and reasonably compensate Eolas for Yahoo!’s current, past, and future
infringement of the patent claims that you have found were infringed and not invalid?
Please enter the amount of damages below.

Damages Awarded
Amount

$_________________________