`Case 1:16-cv-01163-CFC-CJB Document 814 Filed 11/02/21 Page 1 of 6 PageID #: 38497
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
`
`
`BOSTON SCIENTIFIC CORP. AND
`BOSTON SCIENTIFIC
`NEUROMODULATION CORP.,
`
`
`
`C.A. No. 16-1163-CFC-CJB
`CONSOLIDATED
`
`
`
`
`
`
`Defendant.
`
`
`Plaintiffs,
`
`Vv.
`
`NEVRO CORP.,
`
`VERDICT SHEET
`
`We,the jury in the above-entitled action, unanimously find as follows:
`
`
`
`Case 1:16-cv-01163-CFC-CJB Document 814 Filed 11/02/21 Page 2 of 6 PagelD #: 38498
`Case 1:16-cv-01163-CFC-CJB Document 814 Filed 11/02/21 Page 2 of 6 PageID #: 38498
`
`Question No. 1: Did Boston Scientific prove by a preponderance of the
`evidence that Nevro directly infringes any of the following claims of the following
`patents?
`
`(“YES”is a finding for Boston Scientific; “NO”is a finding for Nevro.)
`°439 Patent, Claim 11: YES: v
`NO:
`439 Patent, Claim 25: YES: V
`NO:
`
`Question No. 2: Did Boston Scientific prove by a preponderance of the
`evidence that Nevro actively induced Cirtec Medical LLC f/k/a Stellar Technologies,
`Inc. to directly infringe any of the following claims of the following patents?
`
`(“YES”is a finding for Boston Scientific; “NO”is a finding for Nevro.)
`
`V
`YES:
`°085 Patent, Claim 1:
`°085 Patent, Claim 18: YES: v
`172 Patent, Claim 3:
`YES:
`°747 Patent, Claim 11: YES:
`
`NO:
`NO:
`NO: 4
`NO: Vv
`
`
`
`Case 1:16-cv-01163-CFC-CJB Document 814 Filed 11/02/21 Page 3 of 6 PagelD #: 38499
`Case 1:16-cv-01163-CFC-CJB Document 814 Filed 11/02/21 Page 3 of 6 PageID #: 38499
`
`Question No. 3: Did Nevro prove by clear and convincing evidence that any
`of the following claims of the following patents are invalid for anticipation?
`
`(“YES”is a finding for Nevro; “NO”is a finding for Boston Scientific.)
`"172 Patent, Claim3: YES:
`NO: _Y¥.
`‘747 Patent, Claim 11: YES:ssNO:_ V__
`439 Patent, Claim 11: YES: = NO:_ WV
`°439 Patent, Claim 25: YES:
`NO: wv
`
`Question No. 4: Did Nevro prove by clear and convincing evidence that any
`of the following claimsof the following patents are invalid for obviousness?
`
`(“YES”is a finding for Nevro; “NO”is a finding for Boston Scientific.)
`085 Patent, Claim 1:
`YES:
`No:
`VW
`°085 Patent, Claim 18: YES:
`NO: ~~
`
`You will only answer Questions 5 and 6 if you found any asserted patent claim to be
`both valid and infringed.
`
`Otherwise, stop here.
`
`
`
`‘Case 1:16-cv-01163-CFC-CJB Document 814 Filed 11/02/21 Page 4 of 6 PagelD #: 38500
`Case 1:16-cv-01163-CFC-CJB Document 814 Filed 11/02/21 Page 4 of 6 PageID #: 38500
`
`Question No. 5: For any infringement, what amount do you determine to be
`a reasonably royalty amount
`to compensate Boston Scientific for Nevro’s
`infringement?
`
`0 million
`
`Question No. 6: For any claim that you found both valid and infringed, did
`Boston Scientific prove by a preponderance of the evidence that Nevro willfully
`infringed that claim?
`
`(“YES”is a finding for Boston Scientific; “NO”is a finding for Nevro.)
`‘085 Patent, Claim 1:
`YES: VU NO:
`°085 Patent, Claim 18: YES: Ve NO:
`172 Patent, Clam3:
`YES: ===
`NO: VV.
`°747 Patent, Claim 11: YES:
`NO: Vv
`439 Patent, Claim 11: YES:
`NO: Ve
`’439 Patent, Claim 25: YES:
`NO: vO
`
`
`
`. Case 1:16-cv-01163-CFC-CJB Document 814 Filed 11/02/21 Page 5 of 6 PagelD #: 38501
`Case 1:16-cv-01163-CFC-CJB Document 814 Filed 11/02/21 Page 5 of 6 PageID #: 38501
`
`You have now reachedthe end ofthe verdict form and you should review it to
`
`ensure that it accurately reflects your unanimous determinations. The Foreperson
`
`should then sign the verdict form in the space below and notify the Court Security
`
`Officer that you have reached a verdict. The Foreperson shouldretain possession of
`
`the verdict form and bringit to the courtroom with the jury.
`
`Dated:
`
`fi[if
`
`—Vie )
`
`
`
`. Case 1:16-cv-01163-CFC-CJB Document 814 Filed 11/02/21 Page 6 of 6 PagelD #: 38502
`Case 1:16-cv-01163-CFC-CJB Document 814 Filed 11/02/21 Page 6 of 6 PageID #: 38502
`
`You have now reachedthe end of the verdict form and you shouldreview it to
`
`ensure that it accurately reflects your unanimous determinations. The Foreperson
`
`should then sign the verdict form in the space below and notify the Court Security
`
`Officer that you have reached a verdict. The Foreperson should retain possession of
`
`the verdict form and bring it to the courtroom with the jury.
`
`Dated:
`
`Wf >/
`
`Signed:
`
`
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