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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`C.A. No. 13-919-JLH
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`ARENDI S.A.R.L.,
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`Plaintiff,
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`v.
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`GOOGLE LLC,
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`Defendant.
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`THE COURT’S PROPOSED FINAL JURY INSTRUCTION SECTION 5.7
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`Case 1:13-cv-00919-JLH Document 526 Filed 05/02/23 Page 2 of 3 PageID #: 52854
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`5.7 LICENSE DEFENSE—THE SAMSUNG AGREEMENT
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`Google contends that Arendi’s Settlement and Patent License Agreement with Samsung
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`reduces Arendi’s claim for damages. In particular, Google asserts that the Samsung Agreement
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`covers user downloads of the accused Google apps from the Google Play Store to Samsung
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`devices.
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`Arendi contends that the agreement does not reduce the damages that Arendi is entitled to
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`receive.
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`Google apps that were preinstalled on Samsung devices are not at issue in this case. If
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`you reach the issue of damages, it is up to you to decide whether or not the Samsung Agreement
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`reduces any of Arendi’s damages as to Google with respect to user downloads of the accused
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`Google apps onto Samsung devices.
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`In making this determination, you should consider whether accused Google apps
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`downloaded onto Samsung devices are “Licensed Product(s)” under Section 1.6 of the
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`Agreement, and whether Google is a “supplier” under Section 3.1 of the Agreement.
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`To make this determination, you must interpret the Samsung Agreement to decide what
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`Arendi and Samsung intended to agree upon. The best evidence of what Arendi and Samsung
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`intended is the words they used in the agreement. In evaluating the words in the agreement, you
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`should not consider particular words in isolation but should consider the agreement as a whole in
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`light of the overall intention of the parties to the agreement. You may also consider other
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`evidence presented at trial regarding the intent of the parties to the agreement.
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`Google bears the burden of proving, by a preponderance of the evidence, that Arendi’s
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`license agreement with Samsung reduces the damages to which Arendi is entitled to receive from
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`Google.
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`Case 1:13-cv-00919-JLH Document 526 Filed 05/02/23 Page 3 of 3 PageID #: 52855
`Case 1:13-cv-00919-JLH Document 526 Filed 05/02/23 Page 3 of 3 PagelD #: 52855
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