`2010 WL 4952758 (E.D.Tex.)
`
`
`
`Page 1
`
`For Opinion See 2011 WL 2110384 , 2010 WL 3619707 , 2010 WL 3619578 , 2010 WL 3619664 , 2010 Markman
`1610079
`
`
`United States District Court, E.D. Texas.
`Marshall Division
`AMERANTH, INC.,
`v.
`MENUSOFT SYSTEMS CORPORATION and Cash Register Sales & Service of Houston, Inc.
`No. 2:07-CV-271-CE.
`September 20, 2010.
`
`
`
`
`
`Verdict Form
`
`QUESTION NO. 1:
`
`
`Do you find that Ameranth has proven, by a preponderance of the evidence, that Menusoft directly infringes, con-
`tributes to infringement, or induces infringement of claims 1 and 4 of U.S. Patent No. 6,384,850 (“the '850 patent”),
`claims 6, 9, and 10 of U.S. Patent No. 6,871,325 (“the '325 patent”), and claims 1 and 3 of U.S. Patent No. 6,982,733
`(“the '733 patent”)?
`
`Answer “Yes” or “No” for each claim:
`'850 patent, Claim 1: NO
`'850 patent, Claim 4: NO
`'325 patent, Claim 6: NO
`'325 patent, Claim 9: NO
`'325 patent, Claim 10: NO
`'733 patent, Claim 1: NO
`'733 patent, Claim 3: NO
`
`
`QUESTION NO. 2:
`
`
`Do you find that Ameranth has proven, by a preponderance of the evidence, that CRS directly infringes, contributes to
`infringement, or induces infringement of claims 1 and 4 of the '850 patent, claims 6, 9, and 10 of the '325 patent, and
`claims 1 and 3 of the '733 patent?
`
`Answer “Yes” or “No” for each claim:
`'850 patent, Claim 1: NO
`'850 patent, Claim 4: NO
`
`© 2013 Thomson Reuters. No Claim to Orig. US Gov. Works.
`
`
`
`2010 WL 4952758 (E.D.Tex.)
`
`Page 2
`
`'325 patent, Claim 6: NO
`'325 patent, Claim 9: NO
`'325 patent, Claim 10: NO
`'733 patent, Claim 1: NO
`'733 patent, Claim 3: NO If you have found that Menusoft has infringed any of the claims (i.e., you have answered
`“yes” to any of the claims in Question No. 1), then answer Question No. 3. Otherwise, do not answer the following
`question; instead, proceed to Question No. 4.
`
`
`
`Do you find by clear and convincing evidence that Menusoft's infringement was willful? Answer “Yes” or “No”:
`__________
`
`
`QUESTION NO. 3
`
`QUESTION NO. 4
`
`
`Do you find that Menusoft and CRS have proven, by clear and convincing evidence, that any of the following claims
`of the '850, '325, and '733 patents are invalid because they are anticipated by the prior art? “Yes” means the claims are
`invalid, and “No” means the claims are not invalid.
`
`Answer “Yes” or “No” for each claim.
`'850 patent, Claim 1: Yes
`'850 patent, Claim 4: Yes
`'325 patent, Claim 6: Yes
`'325 patent, Claim 9: Yes
`'325 patent, Claim 10: Yes
`'733 patent, Claim 1: Yes
`'733 patent, Claim 3: Yes
`
`
`QUESTION NO. 5
`
`
`Do you find that Menusoft and CRS have proven, by clear and convincing evidence, that any of the following claims
`of the '850, '325, and '733 patents are invalid because they are rendered obvious by the prior art? “Yes” means the
`claims are invalid, and “No” means the claims are not invalid.
`
`Answer “Yes” or “No” for each claim.
`'850 patent, Claim 1: Yes
`'850 patent, Claim 4: Yes
`'325 patent, Claim 6: Yes
`'325 patent, Claim 9: Yes
`'325 patent, Claim 10: Yes
`'733 patent, Claim 1: Yes
`'733 patent, Claim 3: Yes
`
`© 2013 Thomson Reuters. No Claim to Orig. US Gov. Works.
`
`
`
`2010 WL 4952758 (E.D.Tex.)
`
`Page 3
`
`
`If you have found that Menusoft has infringed any of the claims and those claims are valid (i.e., you have answered
`“yes” to any of the claims in Question No. 1 and “no” to Question Nos. 4 and 5, for the corresponding claim, then
`answer Question No. 6. Otherwise, do not answer the following question; instead, proceed to Question No. 7.
`
`
`QUESTION NO. 6:
`
`
`What sum of money, if any, if paid now in cash, would fairly and reasonably compensate the Ameranth as a reasonable
`royalty for any infringement by Menusoft you have found?
`
`Answer in dollars and cents, if any, for a reasonable royalty.
`
`Answer: __________
`
`If you have found that CRS has infringed any of the claims and those claims are valid (i.e., you have answered
`“yes” to any of the claims in Question No. 2 and “no” to Question Nos. 4 and 5 for the corresponding claim, then
`answer Question No. 7. Otherwise, do not answer the following question; the jury foreperson should instead sign
`and date this Verdict Form and return it to the Security Officer.
`
`
`QUESTION NO. 7:
`
`
`What sum of money, if any, if paid now in cash, would fairly and reasonably compensate the plaintiff as a reasonable
`royalty for any infringement by CRS you have found?
`
`Answer in dollars and cents, if any, for a reasonable royalty.
`
`Answer: __________
`
`Signed this 20 day of September, 2010.
`
`END OF DOCUMENT
`
`
`
`© 2013 Thomson Reuters. No Claim to Orig. US Gov. Works.
`
`
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