`Case 1:15-cv-00542-JFB-SRF Document 520 Filed 04/04/19 Page 1 of 5 PagelD #: 31009
`1
`
`IN THE UNITED STATES DISTRICT COURT
`
`FOR THE DISTRICT OF DELAWARE
`
` EVOLVED WIRELESS, LLC
`
`
`
`Plaintiff,
`
`v.
`
`Civil Action No. 15-542-JFB-SRF
`
`APPLE, lNC.,
`
`
`
`Defendant.
`
`
`SPECIAL INTERROGATORIES
`
`INSTRUCTIONS:
`
`Please follow the directions provided throughout this Verdict Form. Your
`answer to each question must be unanimous.
`
`Please refer to the Jury Instructions for guidance on the law applicable to
`each question.
`
`Throughout this form, “Evolved” means plaintiff Evolved Wireless, LLC and
`“Apple” means defendant Apple, Inc.
`
`The “Asserted Patents” mean, US. Patent Nos. 7,809,373
`patent”) and 7,881,236 (the “'236 patent").
`
`(the “’373
`
`
`
`Case 1:15-cv-00542-JFB-SRF Document 520 Filed 04/04/19 Page 2 of 5 PageID #: 31010
`Case 1:15-cv-00542-JFB-SRF Document 520 Filed 04/04/19 Page 2 of 5 PagelD #: 31010
`
`1.
`
`”373 Patent
`
`(Please indicate your answer with an “X,” you must answer
`“yes” or “no” for every claim).
`
`A.
`
`Literal Infringement
`
`Did Evolved prove, by a preponderance of the evidence, that Apple literally
`
`infringed or infringes any of the following claims of the ’373 Patent, as instructed
`
`in Instruction No. 21?
`
`Claim 24
`
`Claim 25
`
`Yes
`2 No
`
`Yes
`5 No
`
`B.
`
`infringement Under the Doctrine of Equivalents
`
`Did Evolved prove, by a preponderance of the evidence, that Apple
`
`infringed or infringes any of the following claims of the ’373 Patent under the
`
`doctrine of equivalents, as instructed in Instruction No. 22’?
`
`Claim 24
`
`Yes
`2 No
`
`Claim 25
`
`Yes
`
`o
`
`o
`
`if you answered “yes” to any of the above infringement questions, proceed
`to answer Question No. 2 with respect to that claim of the ’373 patent.
`
`If you answered “no” to all of the above infringement questions, you
`should skip Question Nos. 2 and 3 and proceed to answer Question No. 4.
`
`Ix.)
`
`
`
`Case 1:15-cv-00542-JFB-SRF Document 520 Filed 04/04/19 Page 3 of 5 PageID #: 31011
`Case 1:15-cv-00542-JFB-SRF Document 520 Filed 04/04/19 Page 3 of 5 PageID #: 31011
`
`2.
`
`Invalidity (37?. Patent)
`
`Did Apple prove, by clear and convincing evidence, that any of the
`
`following claims of the ’373 Patent is invalid as anticipated, as instructed in
`
`Instruction Nos. 28 to 30?
`
`Claim 24
`
`Claim 25
`
`Yes
`No
`
`Yes
`No
`
`0
`
`o
`
`If you answered “yes” to both Question No. 1 and Question No. 2, your
`deliberations with respect to the ’373 Patent are at an end, proceed to
`answer Question No. 4.
`
`If you answered “yes" to Question No. 1 and “no” to Question No. 2,
`proceed to answer Question No. 3 with respect to the ’373 Patent.
`
`3.
`
`Patent Damages (’373 Patent)
`
`As instructed in Instruction Nos. 37, 38, 39, and 52, we find, by a preponderance
`
`of the evidence, that Evolved should be awarded the following fair, reasonable,
`
`and non—discriminatory royalty for Apple’s infringement of the ‘373 Patent for the
`
`period of time from June 25, 2015 through September 29, 2018:
`
`$
`
`$
`
`per unit royalty rate; o_r
`
`per year lump sum royalty.
`
`Only one damages option (either a per unit royalty rate or a per year lump sum
`
`royalty) should be awarded for Apple’s infringement of the ‘373 Patent.
`
`
`
`Case 1:15-cv-00542-JFB-SRF Document 520 Filed 04/04/19 Page 4 of 5 PageID #: 31012
`Case 1:15-cv-00542-JFB-SRF Document 520 Filed 04/04/19 Page 4 of 5 PagelD #: 31012
`
`4.
`
`’236 Patent
`
`Did Evolved prove, by a preponderance of the evidence, that Apple literally
`
`infringed or infringes the following claim of the 2365 Patent, as instructed in
`
`Instruction No. 21’?
`
`Claim 7
`
`Yes
`
`fi No
`
`0
`
`.
`
`If you answered yes to Question No. 4, proceed to answer Question No. 5
`with respect to the 23?; Patent.
`
`If you answered “no” to Question No. 4, your deliberations are at an end.
`Have your Foreperson sign and date this form and notify chambers that
`you have reached a verdict.
`
`5.
`
`Patent Damages (’236 Patent)
`
`As instructed in Instruction Nos. 37, 38, 39, and 52, we find, by a preponderance
`
`of the evidence, that Evolved should be awarded the following fair, reasonable,
`
`and non-discriminatory royalty for Apple’s infringement of the 2% Patent for the
`
`period of time from June 25, 2015 through September 29, 2018:
`
`$
`
`$
`
`per unit royalty rate; o_r
`
`per year lump sum royalty.
`
`Only one damages option (either a per unit royalty rate or a per year lump sum
`
`royalty) should be awarded for Apple’s infringement of the '236 Patent.
`
`
`
`Case 1:15-cv-00542-JFB-SRF Document 520 Filed 04/04/19 Page 5 of 5 PageID #: 31013
`
`• You have now reached
`the end of the verdict
`form and should review it to
`ensure it accurately
`reflects
`your unanimous
`determinations.
`Your
`Foreperson
`should sign and date
`this form and notify my chambers
`that you
`have reached
`a verdict. The
`Foreperson
`should retain
`possession
`of the
`verdict
`form and bring it when the jury is brought
`back into the courtroom.
`
`Dated this � ay of April,
`2019
`
`FOREPERSON
`
`5
`
`
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