ACQIS LLC v. International Business Machines Corp.

Filing 1

COMPLAINT for Patent Infringement against International Business Machines Corp. ( Filing fee $ 350 receipt number 0540-3277581.), filed by ACQIS LLC. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Civil Cover Sheet, # 5 AO120 - Report to Patent and Trademark Commission)(Brogan, James)

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EXHIBIT B Case 6:09-cv-00148-LED Document 655 Filed 02/23/11 Page 1 of 2 PageID #: 83007 IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF TEXAS TYLER DIVISION ACQISLLC Plaintiff, vs. INTERNATIONAL BUSINESS MACHINES CORP. Defendant. § § § § § § § § § § CASE NO. 6:09 CV 148 PATENT CASE VERDICT FORM In answering these questions, you are to follow all of the instructions I have given you in the Court's Charge. 1. Did ACQIS prove by a preponderance of the evidence that IBM infringed any of the asserted claims of the ACQIS patents identified below? Answer "Yes" or "No" for each listed claim: '415 Patent Claim 12 itS Claim 74 Yes '416 Patent Claim 56 '779 Patent Claim 16 Claim 26 Claim 57 ie~ 'ies 'Ie; Yes Case 6:09-cv-00148-LED Document 655 2. Filed 02/23/11 Page 2 of 2 PageID #: 83008 For each asserted claim of the patents-in-suit, did IBM prove by clear and convincing evidence that such claim is invalid? Answer "Yes" or "No" for each invalidity theory. '415 Patent Anticipation Obviousness Claim 12 ~h }J() Claim 74 Wo \\0 '416 Patent Anticipation N~ ~~ Claim 56 '779 Patent Anticipation Obviousness WO Claim 16 'I\\t\ \'J~ Claim 26 1 IQ \ ~Q }J~ Claim 57 3. Obviousness What sum of money, if paid now in cash, do you find from a preponderance of the evidence would fairly and reasonably compensate ACQIS for IBM' s past infringement? Only award damages for those claims you find infringed by IBM and not proven invalid by IBM. In other words, do not award damages for claims that you did not find infringed by IBM or those claims where IBM proved the claim invalid. 1, () Answer: $ --~~ <=t L{ ~ \ ~---/~~~~~~~~ U 4. 9 : Signed this - J:> v------ day of February, 2011 c JURY FOREPERSON 2

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