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)

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: ______________________