Case 1:19-cv-01410-MN Document 279 Filed 11/03/23 Page 1 of 9 PageID #: 10951
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`VB ASSETS, LLC,
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`v.
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`Plaintiff,
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`AMAZON.COM SERVICES LLC,
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`Defendant.
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`C.A. No. 1:19-cv-01410-MN
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`PROPOSED VERDICT FORM
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`In answering the following questions, you are to follow the instructions I have given you
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`in the Court’s jury charge. Your answers to each question must be unanimous. Some of the
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`questions contain legal terms that are defined and explained in detail in the Final Jury Instructions.
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`You should refer to and consider the Final Jury Instructions as you answer these questions in the
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`Verdict Form.
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE DISTRICT OF DELAWARE
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`VB ASSETS, LLC,
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`
`
`
`v.
`
`Plaintiff,
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`
`AMAZON.COM SERVICES LLC,
`
`
`Defendant.
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`
`
`C.A. No. 1:19-cv-01410-MN
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`PROPOSED VERDICT FORM
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`In answering the following questions, you are to follow the instructions I have given you
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`in the Court’s jury charge. Your answers to each question must be unanimous. Some of the
`
`questions contain legal terms that are defined and explained in detail in the Final Jury Instructions.
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`You should refer to and consider the Final Jury Instructions as you answer these questions in the
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`Verdict Form.
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`Case 1:19-cv-01410-MN Document 279 Filed 11/03/23 Page 2 of 9 PageID #: 10952
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`QUESTION 1: INFRINGEMENT
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`Has VB Assets proven, by a preponderance of the evidence, that Amazon infringed any of
`the following claims of the asserted patents?
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`YES
`(finding for VB Assets)
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`NO
`(finding for Amazon)
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` ’681 Patent
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`Claim 13
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`’703 Patent
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`Claim 25
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`’176 Patent
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`Claim 40
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`’097 Patent
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`Claim 23
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`Please proceed to the next question.
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`2
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`Case 1:19-cv-01410-MN Document 279 Filed 11/03/23 Page 3 of 9 PageID #: 10953
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`QUESTION 2: INVALIDITY
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`A. WRITTEN DESCRIPTION
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`Did Amazon prove, by clear and convincing evidence, that the following claims of the
`asserted patents are invalid for lack of adequate written description?
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`YES
`(finding for Amazon)
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`NO
`(finding for VB Assets)
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`’681 Patent
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`Claim 13
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`’703 Patent
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`Claim 25
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`’176 Patent
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`Claim 40
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`’097 Patent
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`Claim 23
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`Please proceed to the next question.
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`3
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`Case 1:19-cv-01410-MN Document 279 Filed 11/03/23 Page 4 of 9 PageID #: 10954
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`QUESTION 2: INVALIDITY (CONTINUED)
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`B.
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`OBVIOUSNESS
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`Did Amazon prove, by clear and convincing evidence, that the following claims of the
`asserted patents are invalid as obvious in light of the prior art?
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`YES
`(finding for Amazon)
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`NO
`(finding for VB Assets)
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`’681 Patent
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`Claim 13
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`’703 Patent
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`Claim 25
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`’176 Patent
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`Claim 40
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`’097 Patent
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`Claim 23
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`4
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`Case 1:19-cv-01410-MN Document 279 Filed 11/03/23 Page 5 of 9 PageID #: 10955
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`QUESTION 3: PATENT INELIGIBILITY
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`Did Amazon prove by clear and convincing evidence that, from the perspective of one of
`ordinary skill in the art, when taken individually or as an ordered combination, the following
`claims of the asserted patents only involved activities that were well-understood, routine, and
`conventional as of the time of the invention?
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`YES
`(finding for Amazon)
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`NO
`(finding for VB Assets)
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`’681 Patent
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`Claim 13
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`’703 Patent
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`Claim 25
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`’176 Patent
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`Claim 40
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`’097 Patent
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`Claim 23
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`Please proceed to the next page.
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`5
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`Case 1:19-cv-01410-MN Document 279 Filed 11/03/23 Page 6 of 9 PageID #: 10956
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`If you have reached this point in the Verdict Form, you should have answered Questions 1
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`through 3. If you have not answered Questions 1 through 3, please go back and answer them
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`before proceeding.
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`If you answered “NO” for all claims in Question 1, OR if your answers for Questions 2A OR
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`2B include at least one “YES” answer for each claim, then do not answer any further
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`questions. Proceed to the last page, have your Jury Foreperson sign and date this Verdict
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`Form, and then deliver it to the Court Security Officer. You should not pay attention to any
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`other instructions between this point and the signature page found at the end of this Verdict
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`Form.
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`You should only proceed to answer Questions 4 and 5 if you (1) answered “YES” for any
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`claim in Question 1, and (2) you answered “NO” for that same claim in Questions 2A AND
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`2B.
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`6
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`Case 1:19-cv-01410-MN Document 279 Filed 11/03/23 Page 7 of 9 PageID #: 10957
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`QUESTION 4: DAMAGES
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`A. What sum of money do you find VB Assets has proven it is entitled to?
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`$
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`B.
`Did you calculate this number based on a running royalty or a one-time lump
`sum (please check only one)?
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`_____ Lump sum
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`_____ Running royalty
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`Please proceed to the next page.
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`7
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`Case 1:19-cv-01410-MN Document 279 Filed 11/03/23 Page 8 of 9 PageID #: 10958
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`QUESTION 5: WILLFULNESS
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`If you found any claim of the asserted patents infringed and the same claim not
`invalid, did VB Assets prove, by a preponderance of the evidence, that Amazon’s
`infringement was willful?
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`YES
`(finding for VB Assets)
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`NO
`(finding for Amazon)
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`’681 Patent
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`’703 Patent
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`’176 Patent
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`’097 Patent
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`Please proceed to the Final Page of the Verdict Form.
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`8
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`Case 1:19-cv-01410-MN Document 279 Filed 11/03/23 Page 9 of 9 PageID #: 10959
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`FINAL PAGE OF THE JURY VERDICT
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`You have now reached the end of the Verdict Form and should review it to ensure it
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`accurately reflects your unanimous determinations. All jurors should then sign and date the
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`Verdict Form in the space below. Once this is done, notify the Court Security Officer that you
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`have reached a verdict. The jury foreperson should keep the Verdict Form and bring it in when
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`the jury is brought back to the court room.
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`Signed this ______ day of ___________, 2023.
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`Jury Foreperson
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`Signed:
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`_________________________
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`_________________________
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`_________________________
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`_________________________
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`_________________________
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`_________________________
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` _________________________
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`9
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