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`IN THE UNITED STATES DISTRICT COURT
`FOR THE SOUTHERN DISTRICT OF CALIFORNIA
`SAN DIEGO DIVISION
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`
`Case No. 3:17-cv-00183-CAB-BGS
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`SPECIAL VERDICT FORM
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`FINJAN, INC., a Delaware Corporation,
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`
`Plaintiff,
`
`v.
`
`
`ESET, LLC, a California Limited Liability
`Corporation, and ESET SPOL. S.R.O., a
`Slovak Republic Corporation,
`
`
`Defendants.
`
`ESET, LLC, a California Limited Liability
`Corporation, and ESET SPOL. S.R.O., a
`Slovak Republic Corporation,
`
` Counterclaim-Plaintiffs,
`
`v.
`
`
`FINJAN, INC., a Delaware Corporation,
`
`
` Counterclaim-Defendant.
`
`
`When answering the following questions and filling out this special verdict form,
`please follow the directions provided throughout this special verdict form and the final
`charge to the jury.
`
`We, the jury, unanimously find as follows:
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`1
`SPECIAL VERDICT FORM CASE NO.: 3:17-cv-00183-CAB-BGS
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`Case 3:17-cv-00183-CAB-BGS Document 771 Filed 03/02/20 PageID.38123 Page 2 of 4
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`1.
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`INFRINGEMENT
`Question 1. Has Finjan proven by a preponderance of the evidence that Eset’s
`accused products infringe any of the claims of the Asserted Patents?
`A “yes” is a finding for Finjan, a “no” is a finding for Eset.
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`YES _____ NO _____
`If you answered “yes,” please put an “X” mark in the box for the claim(s) you
`found to be infringed and for each products you found to infringe the claim. If you
`answered “no,” please skip to Question 3.
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`‘844
`Patent
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`‘086
`Patent
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`‘780
`Patent
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`‘621
`Patent
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`‘755
`Patent
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`Claim 1
`Claim 7
`Claim
`11
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`15
`Claim
`16
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`24
`Claim
`42
`Claim 9
`Claim
`13
`Claim 1
`Claim 6
`Claim 7
`Claim
`10
`Claim 3
`Claim 5
`Claim 6
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`2
`SPECIAL VERDICT FORM CASE NO.: 3:17-cv-00183-CAB-BGS
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`Case 3:17-cv-00183-CAB-BGS Document 771 Filed 03/02/20 PageID.38124 Page 3 of 4
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`2.
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`‘086 Patent
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`INVALIDITY
`Question 2. Has Eset proven by clear and convincing evidence that any of the
`claims of the Asserted Patents are invalid?
`A “yes” is a finding for Eset, a “no” is a finding for Finjan.
`
`YES _____ NO _____
`If you answered “yes,” please mark the claim(s) you found to be invalid.
`‘844 Patent
`Claim 1 _____
`Claim 7 _____
`Claim 11 _____
`Claim 15 _____
`Claim 16 _____
`Claim 21 _____
` Claim 24 _____
` Claim 42 _____
`Claim 9 _____
`Claim 13 _____
`Claim 1 _____
`Claim 6 _____
`Claim 7 _____
`Claim 10 _____
`Claim 3 _____
`Claim 5 _____
`Claim 6 _____
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`‘780 Patent
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`‘621 Patent
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`‘755 Patent
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`If you have found one or more of the claims of the Asserted Patents to be infringed
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`and not invalid, answer Question 3 below.
`3.
`DAMAGES
`Question 3. If you found any claim of the Asserted Patents to be infringed and
`valid, Finjan entitled to a payment of $ ____________________.
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`3
`SPECIAL VERDICT FORM CASE NO.: 3:17-cv-00183-CAB-BGS
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`Case 3:17-cv-00183-CAB-BGS Document 771 Filed 03/02/20 PageID.38125 Page 4 of 4
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`* * * * *
`You have now reached the end of the verdict form and should review it to ensure
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`it accurately reflects your unanimous determinations. The Presiding Juror should then
`sign and date the verdict form in the spaced 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.
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`Dated: _____________________
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`_____________________________
`PRESIDING JURO
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`4
`SPECIAL VERDICT FORM CASE NO.: 3:17-cv-00183-CAB-BGS
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