Eolas Technologies Incorporated v. Adobe Systems Incorporated et al

Filing 1335

Proposed Jury Instructions by Eolas Technologies Incorporated, The Regents of the University of California. (McKool, Mike)

Download PDF
IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION EOLAS TECHNOLOGIES INCORPORATED and THE REGENTS OF THE UNIVERSITY OF CALIFORNIA, Plaintiff, v. ADOBE SYSTEMS INC., AMAZON.COM INC., CDW CORPORATION, CITIGROUP INC., THE GO DADDY GROUP, INC., GOOGLE INC., J.C. PENNEY CORPORATION, INC., STAPLES, INC., YAHOO! INC., and YOUTUBE, LLC., Defendants. § § § § § § § § § § § § § § § § § CASE NO. 6:09-CV-00446-LED JURY TRIAL PLAINTIFFS’ AMENDMENTS TO THEIR PROPOSED FINAL JURY INSTRUCTIONS IN SECTIONS 4 AND 5 OF DOCKET NUMBER NO. 1316-21 Plaintiffs Eolas Technologies Inc. and the Regents of the University of California submit the following amendments to their proposed final jury instructions in Sections 4 and 5 of the parties’ Joint Proposed Final Jury Instructions for Invalidity Trial, Docket Number 1316-2. The amendments appear in pink highlighted, underlined italics. 1 Plaintiffs reserve the right to modify or amend these proposed instructions prior to the Court’s charge conference if so warranted. McKool 409107v1 4. MEANING OF THE CLAIM TERMS2 4.1 PATENT CLAIMS At the beginning of the trial, I gave you some general information about patents and the patent system and a brief overview of the patent laws relevant to this case. I will now give you more detailed instructions about the patent laws that 2 Adapted from the Court’s Final Jury Instructions in Alcatel-Lucent USA Inc. v. Amazon.com, Inc., No. 6:09-CV-422 (E.D. Tex. Oct. 2011) (Dkt. No. 482); Cheetah Omni LLC v. Verizon Services Corp., No. 6:09-CV-260 (E.D. Tex. March 2011); Bedrock Computer Technologies LLC v. Google, Inc., Civil Action No. 6:09-CV-269 LED (E.D. Tex. April 15, 2011); Mirror Worlds, LLC v. Apple, Inc., Civil Action No. 6:08-CV-88 LED (E.D. Tex. Oct. 1, 2010). 3 McKool 409107v1 2 specifically relate to this case. If you would like to review my instructions at any time during your deliberations, they will be available to you in the jury room. As I told you at the beginning of trial, the claims of a patent are the numbered sentences at the end of the patent. The claims describe the invention made by the inventor and describe what the patent owner owns and what the patent owner may prevent others from doing. Claims may describe products or systems, or methods for using a product or system. Claims are usually divided into parts or steps, called “limitations” or “elements” or “requirements.” For example, a claim that covers the invention of a table may recite the tabletop, four legs, and the glue that secures the legs to the tabletop. The tabletop, legs, and glue are each a separate limitation or requirement of the claim. McKool 409107v1 3 5. INVALIDITY 5.1. INVALIDITY GENERALLY ] Even though the PTO examiner has allowed the claims of a patent, you have the ultimate responsibility for deciding whether the claims of the patent are valid. In this case, Defendants contend that the asserted claims of the ’906 and ’985 patents are invalid as anticipated or obvious, and not supported by the written description in the patent. 4 5 6 McKool 409107v1 4 7 8 McKool 409107v1 5 9 McKool 409107v1 6 10 11 McKool 409107v1 7 DATED: February 7, 2012. MCKOOL SMITH, P.C. /s/ Mike McKool Mike McKool Lead Attorney Texas State Bar No. 13732100 mmckool@mckoolsmith.com Douglas Cawley Texas State Bar No. 04035500 dcawley@mckoolsmith.com Rosemary T. Snider Texas State Bar No. 18796500 rsnider@mckoolsmith.com Holly Engelmann Texas State Bar No. 24040865 hengelmann@mckoolsmith.com MCKOOL SMITH, P.C. 300 Crescent Court, Suite 1500 Dallas, Texas 75201 (214) 978-4000 (214) 978-4044 Kevin L. Burgess Texas State Bar No. 24006927 kburgess@mckoolsmith.com Josh W. Budwin Texas State Bar No. 24050347 jbudwin@mckoolsmith.com Gretchen K. Curran Texas State Bar No. 2405-5979 gcurran@mckoolsmith.com Matthew B. Rappaport Texas State Bar No. 24070472 mrappaport@mckoolsmith.com J.R. Johnson Texas State Bar No. 24070000 jjohnson@mckoolsmith.com MCKOOL SMITH, P.C. 300 West Sixth Street, Suite 1700 Austin, Texas 78701 (512) 692-8700 (512) 692-8744 McKool 409107v1 8 Robert M. Parker Texas State Bar No. 15498000 rmparker@pbatyler.com Robert Christopher Bunt Texas Bar No. 00787165 rcbunt@pbatyler.com Andrew T. Gorham Texas State Bar No. 24012715 tgorham@pbatyler.com PARKER, BUNT & AINSWORTH, P.C. 100 E. Ferguson, Suite 1114 Tyler, Texas 75702 (903) 531-3535 (903) 533-9687 FAX ATTORNEYS FOR PLAINTIFFS EOLAS TECHNOLOGIES INC. AND THE REGENTS OF THE UNIVERSITY OF CALIFORNIA McKool 409107v1 9 CERTIFICATE OF SERVICE The undersigned certifies that the foregoing document was filed electronically in compliance with Local Rule CV-5(a). This document was served on all counsel by email on February 7, 2012. /s/John Campbell John Campbell McKool 409107v1 10

Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.

Why Is My Information Online?