I/P Engine, Inc. v. AOL, Inc. et al

Filing 699

NOTICE by I/P Engine, Inc. of Filing of Plaintiff's Proposed Verdict Form (Attachments: # 1 Exhibit 1)(Schultz, Donald)

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Exhibit 1 UNITED STATES DISTRICT COURT EASTERN DISTRICT OF VIRGINIA NORFOLK DIVISION __________________________________________ ) I/P ENGINE, INC., ) ) Plaintiff, ) v. ) Civ. Action No. 2:11-cv-512 ) AOL, INC. et al., ) ) Defendants. ) __________________________________________) VERDICT FORM INSTRUCTIONS 1. When answering the following questions and filling out this Verdict Form, please follow these directions and the directions provided throughout the form. 2. All questions must be answered, unless the specific instructions for a question indicate the question should not be answered. 3. Your answer to each question must be unanimous. 4. Answer questions 1-6 by writing either “Yes” or “No” in the blank space provided. 5. Answer question 7 by writing the appropriated dollar amount in the blank space provided. 6. Please refer to the Jury Instructions for guidance on the law applicable to the subject matter covered by each question. I. INFRINGEMENT Question No. 1 - Infringement by Google Has I/P Engine proven, by a preponderance of the evidence, that Google infringed claims 10, 14, 15, 25, 27 or 28 of the ‘420 patent? Answer “Yes” or “No” for each claim. Claim 10: ___________ Claim 14: ___________ Claim 15: ___________ Claim 25: ___________ Claim 27: ___________ Claim 28: ___________ Has I/P Engine proven, by a preponderance of the evidence, that Google infringed claims 1, 5, 6, 21, 22, 26, 28 or 38 of the ‘664 patent? Answer “Yes” or “No” for each claim. Claim 1: ____________ Claim 5: ____________ Claim 6: ____________ Claim 21: ___________ Claim 22: ___________ Claim 26: ___________ Claim 28: ___________ Claim 38: ___________ If the answer to any of the foregoing in Question 1 is “Yes”, then answer the following question: Has I/P Engine proved, by clear and convincing evidence, that Google willfully infringed the patent claims which you have found to be infringed? Answer “Yes” or “No”: _____________ Question No. 2 - Infringement by AOL Has I/P Engine proven, by a preponderance of the evidence, that AOL infringed claims 10, 14, 15, 25, 27 or 28 of the ‘420 patent? Answer “Yes” or “No” for each claim. Claim 10: ___________ Claim 14: ___________ Claim 15: ___________ Claim 25: ___________ Claim 27: ___________ Claim 28: ___________ Has I/P Engine proven, by a preponderance of the evidence, that AOL infringed claims 1, 5, 6, 21, 22, 26, 28 or 38 of the ‘664 patent? Answer “Yes” or “No” for each claim. Claim 1: ____________ Claim 5: ____________ Claim 6: ____________ Claim 21: ___________ Claim 22: ___________ Claim 26: ___________ Claim 28: ___________ Claim 38: ___________ If the answer to any of the foregoing in question 2 is “Yes”, then answer the following question: Has I/P Engine proved, by clear and convincing evidence, that AOL willfully infringed the patent claims which you have found to be infringed? Answer “Yes” or “No”: _____________ Question No. 3 - Infringement by IAC Has I/P Engine proven, by a preponderance of the evidence, that IAC infringed claims 10, 14, 15, 25, 27 or 28 of the ‘420 patent? Answer “Yes” or “No” for each claim. Claim 10: ___________ Claim 14: ___________ Claim 15: ___________ Claim 25: ___________ Claim 27: ___________ Claim 28: ___________ Has I/P Engine proven, by a preponderance of the evidence, that IAC infringed claims 1, 5, 6, 21, 22, 26, 28 or 38 of the ‘664 patent? Answer “Yes” or “No” for each claim. Claim 1: ____________ Claim 5: ____________ Claim 6: ____________ Claim 21: ___________ Claim 22: ___________ Claim 26: ___________ Claim 28: ___________ Claim 38: ___________ Question No. 4 - Infringement by Gannett Has I/P Engine proven, by a preponderance of the evidence, that Gannett infringed claims 10, 14, 15, 25, 27 or 28 of the ‘420 patent? Answer “Yes” or “No” for each claim. Claim 10: ___________ Claim 14: ___________ Claim 15: ___________ Claim 25: ___________ Claim 27: ___________ Claim 28: ___________ Has I/P Engine proven, by a preponderance of the evidence, that Gannett infringed claims 1, 5, 6, 21, 22, 26, 28 or 38 of the ‘664 patent? Answer “Yes” or “No” for each claim. Claim 1: ____________ Claim 5: ____________ Claim 6: ____________ Claim 21: ___________ Claim 22: ___________ Claim 26: ___________ Claim 28: ___________ Claim 38: ___________ Question No. 5 - Infringement by Target Has I/P Engine proven, by a preponderance of the evidence, that Target infringed claims 10, 14, 15, 25, 27 or 28 of the ‘420 patent? Answer “Yes” or “No” for each claim. Claim 10: ___________ Claim 14: ___________ Claim 15: ___________ Claim 25: ___________ Claim 27: ___________ Claim 28: ___________ Has I/P Engine proven, by a preponderance of the evidence, that Target infringed claims 1, 5, 6, 21, 22, 26, 28 or 38 of the ‘664 patent? Answer “Yes” or “No” for each claim. Claim 1: ____________ Claim 5: ____________ Claim 6: ____________ Claim 21: ___________ Claim 22: ___________ Claim 26: ___________ Claim 28: ___________ Claim 38: ___________ II. VALIDITY Question No. 6 - Validity by Defendants Have Defendants proven, by clear and convincing evidence, that claims 10, 14, 15, 25, 27 or 28 of the ‘420 patent are invalid? Answer “Yes” or “No” for each claim as to both Anticipation and Obviousness. A “Yes” for either means that you find the patent to be invalid. Claim 10: Anticipation __________ Obviousness __________ Claim 14: Anticipation __________ Obviousness __________ Claim 15: Anticipation __________ Obviousness __________ Claim 25: Anticipation __________ Obviousness __________ Claim 27: Anticipation __________ Obviousness __________ Claim 28: Anticipation __________ Obviousness __________ Have Defendants proven, by clear and convincing evidence, that claims 1, 5, 6, 21, 22, 26, 28 or 38 of the ‘664 patent are invalid? Answer “Yes” or “No” for each claim as to both Anticipation and Obviousness. A “Yes” for either means that you find the patent to be invalid. Claim 1: Anticipation ___________ Obviousness __________ Claim 5: Anticipation ___________ Obviousness __________ Claim 6: Anticipation ___________ Obviousness __________ Claim 21: Anticipation __________ Obviousness __________ Claim 22: Anticipation __________ Obviousness __________ Claim 26: Anticipation __________ Obviousness __________ Claim 28: Anticipation __________ Obviousness __________ Claim 38: Anticipation __________ Obviousness __________ III. DAMAGES Question No. 7 – Damages Answer this question only if you have found infringement of at least one claim, and that at least one claim of the patents is valid. To what amount of damages has I/P Engine shown it is entitled for each of the Defendants’ past infringement? Google: $_______________________________ AOL: $_______________________________ IAC: $_______________________________ Target: $_______________________________ Gannett: $_______________________________ Please have the foreperson apply today’s date, and sign on behalf of the jury. We, the jury unanimously so find: _______________________________________________ Today’s date: ______________________

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