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 D

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

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§
§
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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.
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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 Adobe directly infringes any of
the following asserted claims of the ‘906 patent?
Answer “Yes” or “No” to each question below.

‘906 Patent

Yes

No

Claim 1
Claim 6

2.

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

‘906 Patent

Yes

No

Claim 1
Claim 6

3.

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

‘985 Patent

Yes

No

Claim 1
Claim 2
Claim 3

1

Claim 8
Claim 10
Claim 11
Claim 16
Claim 17
Claim 18
Claim 20
Claim 21
Claim 22
Claim 36
Claim 37
Claim 38
Claim 39
Claim 40
Claim 41
Claim 42
Claim 43

2

4.

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

‘985 Patent

Yes

No

Claim 1
Claim 2
Claim 3
Claim 8
Claim 10
Claim 11
Claim 16
Claim 17
Claim 18
Claim 20
Claim 21
Claim 22
Claim 36
Claim 37
Claim 38
Claim 39
Claim 40
Claim 41
Claim 42

3

Claim 43

4

INVALIDITY
5.

Did Defendants prove by clear and convincing evidence that any of the asserted patent
claims is 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
these bases. Answer all questions for all claims regardless of whether you have
found those claims were infringed.

‘906 Patent

Anticipation?

Obviousness?

Written description?

Anticipation?

Obviousness?

Written description?

Claim 1
Claim 6
‘985 Patent
Claim 1
Claim 2
Claim 3
Claim 8
Claim 10
Claim 11
Claim 16
Claim 17
Claim 18
Claim 20
Claim 21
Claim 22
Claim 36
Claim 37
Claim 38
Claim 39
Claim 40
Claim 41
Claim 42
Claim 43

5

INEQUITABLE CONDUCT

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 ____

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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.
What sum of money, if any, do you find from a preponderance of the evidence would fairly and
reasonably compensate Eolas for Adobe’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)

$_________________________

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