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)

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EXHIBIT E 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. Did Eolas prove by a preponderance of the evidence that Amazon 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 Amazon 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 Amazon’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 $_________________________

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