Case 1:16-cv-00453-RGA Document 531 Filed 04/17/18 Page 1 of 11 PageID #: 45412
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`C.A. No. 16-453 (RGA)
`
`)))))))))
`
`
`)
`
`ACCELERATION BAY LLC,
`
`Plaintiff,
`
`v.
`
`ACTIVISION BLIZZARD, INC.,
`
`Defendant.
`
`VERDICT FORM
`
`INSTRUCTIONS:
`
`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.
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`C.A. No. 16-453 (RGA)
`
`)))))))))
`
`
`)
`
`ACCELERATION BAY LLC,
`
`Plaintiff,
`
`v.
`
`ACTIVISION BLIZZARD, INC.,
`
`Defendant.
`
`VERDICT FORM
`
`INSTRUCTIONS:
`
`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.
`
`
`
`Case 1:16-cv-00453-RGA Document 531 Filed 04/17/18 Page 2 of 11 PageID #: 45413
`
`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.
`
`Question 1: Did Acceleration Bay prove by a preponderance of the evidence that Activision’s
`products as identified below literally infringe the identified claim of the Asserted
`Patents?
`
`Answer “Yes” or “No” for each claim. For each claim you did not find literally
`infringed, answer Question 2.
`
`Destiny:
`
`‘344 Patent
`
`Claim 12 _____
`
`Claim 13 _____
`
`Claim 14 _____
`
`Claim 15 _____
`
`‘966 Patent
`
`Claim 12 _____
`
`Claim 13 _____
`
`‘497 Patent
`
`Claim 9 _____
`
`Claim 16 _____
`
`‘634 Patent
`
`Claim 19 _____
`
`Claim 22 _____
`
`‘147 Patent
`
`Claim 1 _____
`
`Claim 11 _____
`
`Claim 15 _____
`
`Claim 16 _____
`
`‘069 Patent
`
`Claim 1 _____
`
`Claim 11 _____
`
`1
`
`
`
`Case 1:16-cv-00453-RGA Document 531 Filed 04/17/18 Page 3 of 11 PageID #: 45414
`
`World of Warcraft:
`
`‘344 Patent
`
`Claim 12 _____
`
`Claim 13 _____
`
`Claim 14 _____
`
`Claim 15 _____
`
`‘966 Patent
`
`Claim 12 _____
`
`Claim 13 _____
`
`‘497 Patent
`
`Claim 9 _____
`
`Claim 16 _____
`
`‘634 Patent
`
`Claim 19 _____
`
`Claim 22 _____
`
`Call of Duty:
`
`‘344 Patent
`
`Claim 12 _____
`
`Claim 13 _____
`
`Claim 14 _____
`
`Claim 15 _____
`
`‘966 Patent
`
`Claim 12 _____
`
`Claim 13 _____
`
`‘497 Patent
`
`Claim 9 _____
`
`Claim 16 _____
`
`‘634 Patent
`
`Claim 19 _____
`
`Claim 22 _____
`
`‘147 Patent
`
`Claim 1 _____
`
`Claim 11 _____
`
`Claim 15 _____
`
`Claim 16 _____
`
`‘069 Patent
`
`Claim 1 _____
`
`Claim 11 _____
`
`2
`
`
`
`Case 1:16-cv-00453-RGA Document 531 Filed 04/17/18 Page 4 of 11 PageID #: 45415
`
`Question 2: For any patent claim you did not find Activision literally infringed in Question 1,
`did Acceleration Bay prove by a preponderance of the evidence that Activision’s
`products as identified below infringe the identified claim under the doctrine of
`equivalents?
`
`Answer “Yes” or “No” for each claim. If you answered “Yes” to at least one
`patent claim in Question 1 or 2, answer Question 3.
`
`Destiny:
`
`‘344 Patent
`
`Claim 12 _____
`
`Claim 13 _____
`
`Claim 14 _____
`
`Claim 15 _____
`
`‘966 Patent
`
`Claim 12 _____
`
`Claim 13 _____
`
`‘497 Patent
`
`Claim 9 _____
`
`Claim 16 _____
`
`‘634 Patent
`
`Claim 19 _____
`
`Claim 22 _____
`
`‘147 Patent
`
`Claim 1 _____
`
`Claim 11 _____
`
`Claim 15 _____
`
`Claim 16 _____
`
`‘069 Patent
`
`Claim 1 _____
`
`Claim 11 _____
`
`World of Warcraft:
`
`‘344 Patent
`
`Claim 12 _____
`
`Claim 13 _____
`
`Claim 14 _____
`
`Claim 15 _____
`
`‘966 Patent
`
`Claim 12 _____
`
`Claim 13 _____
`
`‘497 Patent
`
`Claim 9 _____
`
`Claim 16 _____
`
`‘634 Patent
`
`Claim 19 _____
`
`Claim 22 _____
`
`3
`
`
`
`Case 1:16-cv-00453-RGA Document 531 Filed 04/17/18 Page 5 of 11 PageID #: 45416
`
`Call of Duty:
`
`‘344 Patent
`
`Claim 12 _____
`
`Claim 13 _____
`
`Claim 14 _____
`
`Claim 15 _____
`
`‘966 Patent
`
`Claim 12 _____
`
`Claim 13 _____
`
`‘497 Patent
`
`Claim 9 _____
`
`Claim 16 _____
`
`‘634 Patent
`
`Claim 19 _____
`
`Claim 22 _____
`
`‘147 Patent
`
`Claim 1 _____
`
`Claim 11 _____
`
`Claim 15 _____
`
`Claim 16 _____
`
`‘069 Patent
`
`Claim 1 _____
`
`Claim 11 _____
`
`4
`
`
`
`Case 1:16-cv-00453-RGA Document 531 Filed 04/17/18 Page 6 of 11 PageID #: 45417
`
`Question 3: For only those Asserted Patents for which you found infringement of one or more
`claims in Question 1 or Question 2 above, has Acceleration Bay proven by a
`preponderance of the evidence that Activision willfully infringed the patent?
`
`Check “Yes” or “No.”
`
`YES _____
`
`NO _____
`
`5
`
`
`
`Case 1:16-cv-00453-RGA Document 531 Filed 04/17/18 Page 7 of 11 PageID #: 45418
`
`Question 4:
`
`If you found infringement in Question 1 or Question 2 above, did Activision
`prove by clear and convincing evidence that any of the claims of the Asserted
`Patents are obvious under 35 U.S.C. § 103 in light of the prior art Activision
`presented and therefore invalid?
`
`Answer “Yes” or “No” for each claim.
`
`‘344 Patent
`
`Claim 12 _____
`
`Claim 13 _____
`
`Claim 14 _____
`
`Claim 15 _____
`
`‘966 Patent
`
`Claim 12 _____
`
`Claim 13 _____
`
`‘497 Patent
`
`Claim 9 _____
`
`Claim 16 _____
`
`‘634 Patent
`
`Claim 19 _____
`
`Claim 22 _____
`
`‘147 Patent
`
`Claim 1 _____
`
`Claim 11 _____
`
`Claim 15 _____
`
`Claim 16 _____
`
`‘069 Patent
`
`Claim 1 _____
`
`Claim 11 _____
`
`6
`
`
`
`Case 1:16-cv-00453-RGA Document 531 Filed 04/17/18 Page 8 of 11 PageID #: 45419
`
`Question 5:
`
`If you found infringement in Question 1 or Question 2 above, did Activision
`prove by clear and convincing evidence that any of the claims of the Asserted
`Patents lack a written description under § 112 and are therefore invalid?
`
`Answer “Yes” or “No” for each claim.
`
`‘344 Patent
`
`Claim 12 _____
`
`Claim 13 _____
`
`Claim 14 _____
`
`Claim 15 _____
`
`‘966 Patent
`
`Claim 12 _____
`
`Claim 13 _____
`
`‘497 Patent
`
`Claim 9 _____
`
`Claim 16 _____
`
`‘634 Patent
`
`Claim 19 _____
`
`Claim 22 _____
`
`‘147 Patent
`
`Claim 1 _____
`
`Claim 11 _____
`
`Claim 15 _____
`
`Claim 16 _____
`
`‘069 Patent
`
`Claim 1 _____
`
`Claim 11 _____
`
`7
`
`
`
`Case 1:16-cv-00453-RGA Document 531 Filed 04/17/18 Page 9 of 11 PageID #: 45420
`
`Question 6:
`
`If you found infringement in Question 1 or Question 2 above, did Activision
`prove by clear and convincing evidence that any of the claims of the Asserted
`‘147 Patent are not enabled under § 112 and therefore invalid?
`
`Answer “Yes” or “No” for each claim.
`
`‘147 Patent
`
`Claim 1 _____
`
`Claim 11 _____
`
`Claim 15 _____
`
`Claim 16 _____
`
`8
`
`
`
`Case 1:16-cv-00453-RGA Document 531 Filed 04/17/18 Page 10 of 11 PageID #: 45421
`
`Question 7:
`
`If you found infringement in Question 1 or Question 2 above, did Activision
`prove by clear and convincing evidence that any of the claims of the Asserted
`‘497 Patent are indefinite under § 112 and are therefore invalid?
`
`Answer “Yes” or “No” for each claim.
`
`‘344 Patent
`
`Claim 12 _____
`
`Claim 13 _____
`
`Claim 14 _____
`
`Claim 15 _____
`
`‘966 Patent
`
`Claim 12 _____
`
`Claim 13 _____
`
`‘497 Patent
`
`Claim 9 _____
`
`Claim 16 _____
`
`‘634 Patent
`
`Claim 19 _____
`
`Claim 22 _____
`
`9
`
`
`
`Case 1:16-cv-00453-RGA Document 531 Filed 04/17/18 Page 11 of 11 PageID #: 45422
`
`Question 8: What sum of money do you find that Acceleration Bay has proven by a
`preponderance of the evidence would fairly and reasonably compensate
`Acceleration Bay for Activision’s infringement of Acceleration Bay’s Asserted
`Patents?
`
`$
`
`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 Court Security Officer 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.
`
`____________________________
`Signature
`
`
`
`____________________________
`Date
`
`10
`
`
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