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)

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
[e-mail]
Douglas Cawley
Texas State Bar No. 04035500
[e-mail]
Rosemary T. Snider
Texas State Bar No. 18796500
[e-mail]
Holly Engelmann
Texas State Bar No. 24040865
[e-mail]
MCKOOL SMITH, P.C.
300 Crescent Court, Suite 1500
Dallas, Texas 75201
[phone]
[phone]
Kevin L. Burgess
Texas State Bar No. 24006927
[e-mail]
Josh W. Budwin
Texas State Bar No. 24050347
[e-mail]
Gretchen K. Curran
Texas State Bar No. 2405-5979
[e-mail]
Matthew B. Rappaport
Texas State Bar No. 24070472
[e-mail]
J.R. Johnson
Texas State Bar No. 24070000
[e-mail]
MCKOOL SMITH, P.C.
300 West Sixth Street, Suite 1700
Austin, Texas 78701
[phone]
[phone]

McKool 409107v1

8

Robert M. Parker
Texas State Bar No. 15498000
[e-mail]
Robert Christopher Bunt
Texas Bar No. 00787165
[e-mail]
Andrew T. Gorham
Texas State Bar No. 24012715
[e-mail]
PARKER, BUNT & AINSWORTH, P.C.
100 E. Ferguson, Suite 1114
Tyler, Texas 75702
[phone]
[phone] 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