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`Case 3:17-cv-05659-WHA Document 270 Filed 11/27/18 Page 1 of 5
`
`
`
`PAUL J. ANDRE (State Bar No. 196585)
`pandre@kramerlevin.com
`LISA KOBIALKA (State Bar No. 191404)
`lkobialka@kramerlevin.com
`JAMES HANNAH (State Bar No. 237978)
`jhannah@kramerlevin.com
`KRISTOPHER KASTENS (State Bar No. 254797)
`kkastens@kramerlevin.com
`KRAMER LEVIN NAFTALIS & FRANKEL LLP
`990 Marsh Road
`Menlo Park, CA 94025
`Telephone: (650) 752-1700
`Facsimile: (650) 752-1800
`
`Attorneys for Plaintiff
`FINJAN, INC.
`
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE NORTHERN DISTRICT OF CALIFORNIA
`
`SAN FRANCISCO DIVISION
`
`
`FINJAN, INC.,
`
`
`
`
`
`
`Plaintiff,
`
`v.
`
`
`JUNIPER NETWORKS, INC.,
`
`
`
`
`
`Defendant.
`
`Case No.: 3:17-cv-05659-WHA
`
`FINJAN’S [PROPOSED] SPECIAL
`VERDICT FORM
`
`Trial Date: December 10, 2018
`Time: 7:30 a.m.
`Place: Courtroom 12 – 19th Floor
`Judge: Hon. William Alsup
`
`
`
`
`_______________________________________________________________________________
`FINJAN’S [PROPOSED] SPECIAL VERDICT FORM
`Case No. 17-CV-05659-WHA
`
`

`

`Case 3:17-cv-05659-WHA Document 270 Filed 11/27/18 Page 2 of 5
`
`
`
`VERDICT FORM
`
`When answering the following questions and filling out this Verdict Form, please follow
`
`the directions provided throughout this Verdict Form. Your answer to each question must be
`
`unanimous. Some of the questions contain legal terms that are defined and explained in detail in
`
`the Jury Instructions. Please refer to the Jury Instructions if you are unsure about the meaning or
`
`usage of any legal term that appears in the questions below.
`
`We, the jury, unanimously agree to the answers to the following questions and return them
`
`under the instructions of this court as our verdict in this case.
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`FINJAN’S [PROPOSED] SPECIAL VERDICT FORM
`
`Case No. 17-CV-05659-WHA
`
`

`

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`Case 3:17-cv-05659-WHA Document 270 Filed 11/27/18 Page 3 of 5
`
`
`
`QUESTION 1: Has Finjan proven by a preponderance of the evidence that Juniper’s
`
`SRX Gateways in combination with Sky ATP and/or Sky ATP alone literally infringe Claim 10
`
`of the ’494 Patent?
`
`Yes __________
`
`
`
`
`
`No ___________
`
`
`
`If you answered “Yes” to Question 1, please skip to Question 3. If you did not answer “Yes” to
`
`Question 1, please answer Question 2.
`
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`QUESTION 2: Has Finjan proven by a preponderance of the evidence that Juniper’s
`
`SRX Gateways in combination with Sky ATP and/or Sky ATP alone infringe, under the doctrine
`
`of equivalents, Claim 10 of the ’494 Patent?
`
`Yes __________
`
`
`
`
`
`No ___________
`
`
`
`
`
`
`
`FINJAN’S [PROPOSED] SPECIAL VERDICT FORM
`
`Case No. 17-CV-05659-WHA
`
`

`

`Case 3:17-cv-05659-WHA Document 270 Filed 11/27/18 Page 4 of 5
`
`
`
`QUESTION 3: Has Juniper proven by clear and convincing evidence that Claim 10 of
`
`the ’494 patent is invalid under 35 U.S.C. Section 101?
`
`Yes __________
`
`
`
`
`
`No ___________
`
`
`
`
`
`Answer Question 4 only if you have found Claim 10 to be infringed in Questions 1 or 2 above and
`
`not invalid in Question 3 above.
`
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`FINJAN’S [PROPOSED] SPECIAL VERDICT FORM
`
`Case No. 17-CV-05659-WHA
`
`

`

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`Case 3:17-cv-05659-WHA Document 270 Filed 11/27/18 Page 5 of 5
`
`
`
`QUESTION 4: What sum of money do you find from a preponderance of the evidence
`
`would fairly and reasonably compensate Finjan for Juniper’s infringement of Claim 10?
`
`$ ________________________
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`You have now reached the end of the verdict form and should review it to ensure it accurately
`
`reflects your unanimous determinations. The Presiding Juror should then sign and date the
`
`verdict form in the spaces below and notify the Security Guard that you have reached a verdict.
`
`The Presiding Juror should retain possession of the verdict form and bring it when the jury is
`
`brought back into the courtroom.
`
`
`DATED: __________, 2018
`
`
`By: ______________________________
`
`Presiding Juror
`
`FINJAN’S [PROPOSED] SPECIAL VERDICT FORM
`
`Case No. 17-CV-05659-WHA
`
`

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