Case 6:19-cv-00513-ADA Document 159 Filed 05/20/21 Page 1 of 9
`Case 6:19-cv-00513-ADA Document 159 Filed 05/20/21 Page 1 of 9
`FILED
`May20, 2021
`WESTERNDISTRICTOFTEXAS
`BW DEPUTY
`
`UNITED STATES DISTRICT COURT
`FOR THE WESTERNDISTRICT OF TEXAS
`WACO DIVISION
`
`BY:
`
`xX
`
`))
`
`) )
`
`) 6:19-CV-00513-ADA
`)
`
`))
`
`) JURY TRIAL DEMANDED
`)
`xX
`
`mananasennanccwwenenneeennncencecncecnnwaece“==neeseameenconee
`
`CloudofChange, LLC,
`
`v.
`
`NCR Corporation,
`
`Plaintiff,
`
`Defendant.
`
`serenemannannmnsecccnensscncnsesescsceensennancensennnesenssasee
`
`JURY VERDICT FORM
`
`When answering the following questions and filling out this Verdict Form, please follow
`
`the directions provided throughout the 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.
`
`91624453v.1
`
`CloudofChange 2012 1 of 9
`Clover Network, LLC v. CloudofChange, LLC
`IPR2023-00287
`
`
`Case 6:19-cv-00513-ADA Document 159 Filed 05/20/21 Page 1 of 9
`FILED
`May20, 2021
`WESTERNDISTRICTOFTEXAS
`BW DEPUTY
`
`UNITED STATES DISTRICT COURT
`FOR THE WESTERNDISTRICT OF TEXAS
`WACO DIVISION
`
`BY:
`
`xX
`
`))
`
`) )
`
`) 6:19-CV-00513-ADA
`)
`
`))
`
`) JURY TRIAL DEMANDED
`)
`xX
`
`mananasennanccwwenenneeennncencecncecnnwaece“==neeseameenconee
`
`CloudofChange, LLC,
`
`v.
`
`NCR Corporation,
`
`Plaintiff,
`
`Defendant.
`
`serenemannannmnsecccnensscncnsesescsceensennancensennnesenssasee
`
`JURY VERDICT FORM
`
`When answering the following questions and filling out this Verdict Form, please follow
`
`the directions provided throughout the 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.
`
`91624453v.1
`
`CloudofChange 2012 1 of 9
`Clover Network, LLC v. CloudofChange, LLC
`IPR2023-00287
`
`
`
`Case 6:19-cv-00513-ADA Document 159 Filed 05/20/21 Page 2 of 9
`Case 6:19-cv-00513-ADA Document 159 Filed 05/20/21 Page 2 of 9
`
`As used herein, “CloudofChange” means CloudofChange, LLC, and “NCR” means ‘NCR
`
`Corporation.” Asused herein, “the '640 Patent” refers to U.S. Patent No. 9,400,640 and “the '012
`
`Patent” refers to U.S. Patent No. 10,083,012.
`
`91624453v.1
`
`CloudofChange 2012 2 of 9
`Clover Network, LLC v. CloudofChange, LLC
`IPR2023-00287
`
`
`
`Case 6:19-cv-00513-ADA Document 159 Filed 05/20/21 Page 3 of 9
`Case 6:19-cv-00513-ADA Document 159 Filed 05/20/21 Page 3 of 9
`
`We,the jury, unanimously agree to the answers to the following questions and return
`them as our verdictin this case:
`
`I.
`
`INFRINGEMENT
`
`Directions - Questions Nos. 1 & 2
`
`In answering the Questions below, please check “Yes” or “No”for each listed asserted claim
`in the space provided,
`
`Question No. 1: Has CloudofChange proven bya preponderance of the evidence
`
`that NCR has infringed the following asserted claims ofthe 640 Patent? “Yes”is in favor
`
`of CloudofChange and “No”is in favor of NCR.
`
`If your answer belowto Claim1 is “No”then do not answerthis question as to the
`
`remaining claims fromthe “640 patent but go on to Question No.2.
`
`°640 Patent
`
`Claim 1:
`Claim 3:
`Claim 4:
`Claim5:
`Claim 6:
`Claim11:
`Claim 12:
`Claim 13:
`
`ves%_ No
`vesK No
`YesW No
`Yes No
`Yes__ No
`Yes_ A No
`Yes x No
`Yes XL no
`
`91624453v,1
`
`CloudofChange 2012 3 of 9
`Clover Network, LLC v. CloudofChange, LLC
`IPR2023-00287
`
`
`
`Case 6:19-cv-00513-ADA Document 159 Filed 05/20/21 Page 4 of 9
`Case 6:19-cv-00513-ADA Document 159 Filed 05/20/21 Page 4 of 9
`
`Question No. 2: Has CloudofChange proven bya preponderance of the evidence
`
`that NCR hasinfringed the following asserted claims of the ’012 Patent? “Yes” is in favor
`
`vesA No
`
`of CloudofChange and “No”is in favor of NCR.
`
`If your answer belowto Claim | is “No” then do not answerthis question as to the
`remaining claims fromthe ‘012 patent but go on to Question No, 3.
`
`°012 Patent
`
`ve, No
`Claim 1:
`Claim 2: a No
`Claim 3:
`fh No
`Claim4:
`
`91624453v.1
`
`CloudofChange 2012 4 of 9
`Clover Network, LLC v. CloudofChange, LLC
`IPR2023-00287
`
`
`
`Case 6:19-cv-00513-ADA Document 159 Filed 05/20/21 Page 5 of 9
`Case 6:19-cv-00513-ADA Document 159 Filed 05/20/21 Page 5 of 9
`
`IL VALIDITY
`
`Directions - Questions Nos. 3&4
`
`In answering the Questions below, please check “Yes” or “No”for each listed asserted claim
`in the space provided.
`
`Question No. 3: Has NCR provenby clear and convincing evidence that the
`
`following asserted claims ofthe °640 Patent are invalid? “No”is in favor of
`
`CloudofChange and “Yes”is in favor of NCR.
`
`640 Patent
`
`Claim 13:
`
`Claim 1:
`
`Claim 3:
`
`Claim 4:
`
`Claim 5:
`
`Claim 6:
`
`Claim 11:
`
`Claim 12:
`
`91624453v.1
`
`CloudofChange 2012 5 of 9
`Clover Network, LLC v. CloudofChange, LLC
`IPR2023-00287
`
`
`
`Case 6:19-cv-00513-ADA Document 159 Filed 05/20/21 Page 6 of 9
`Case 6:19-cv-00513-ADA Document 159 Filed 05/20/21 Page 6 of 9
`
`Question No. 4: Has NCR proven byclear and convincing evidence that the
`
`following asserted claimsof the °012 Patent are invalid? “No” is in favor of CloudofChange
`
`and “Yes” is in favor of NCR.
`
`Claim 9:
`
`7012Patent
`
`Claim 1:
`
`Claim 2:
`
`Claim 3:
`
`Claim 4:
`
`If you foundat least one claim of any asserted patentto be infringed and not invalid, proceed to
`answerthe following questionfor such patent(s). IF YOU FOUND THAT BOTH PATENTS
`WERENOT INFRINGED OR THAT ANY CLAIMS WERE INFRINGED BUT YOUR
`FOUND SUCH INFRINGED CLAIMS TO BE INVALID, YOU DO NOT NEED TO
`ANSWER ANY FURTHER QUESTIONS AND CAN PROCEED TO THE LAST PAGE
`AND HAVE YOUR JURY FOREPERSON SIGN AND DATE THIS VERDICT FORM AND
`THEN DELIVER IT TO THE COURT SECURITY OFFICER. YOU SHOULD NOTPAY
`ATTENTION TO ANY OTHER INSTRUCTIONS BETWEEN THIS POINT AND THE
`SIGNATURE PAGE FOUND AT THE END OF THIS VERDICT FORM.
`
`91624453v.1
`
`6
`
`CloudofChange 2012 6 of 9
`Clover Network, LLC v. CloudofChange, LLC
`IPR2023-00287
`
`
`
`Case 6:19-cv-00513-ADA Document 159 Filed 05/20/21 Page 7 of 9
`Case 6:19-cv-00513-ADA Document 159 Filed 05/20/21 Page 7 of 9
`
`III. DAMAGES
`
`Directions — Question Nos. 5 and 6
`
`In answering Question No. 5 below, provide a dollar amount in the blank space.
`
`Question No. 5: Answerthe following question if there is at least one claim of the
`
`'640 Patent for which you answered “Yes” in Question No. | orat least one claim ofthe ‘O12
`
`Patent for which you answered “Yes” in Question No.2.
`
`What
`
`is the amount of damages you find CloudofChange has proven from a
`
`preponderance of the evidence for NCR’s infringement of the '640 Patent and/or the '012
`
`¢13 £00 G60.00
`
`Patent?
`
`91624453v.1
`
`CloudofChange 2012 7 of 9
`Clover Network, LLC v. CloudofChange, LLC
`IPR2023-00287
`
`
`
`Case 6:19-cv-00513-ADA Document 159 Filed 05/20/21 Page 8 of 9
`Case 6:19-cv-00513-ADA Document 159 Filed 05/20/21 Page 8 of 9
`
`Question No. 6: Answer the following question for the amount if any you found
`
`above as damages.
`
`Is the amount a reasonable royalty for infringement damagesup to the
`
`present or does it represent the amount of a lump sum amountfor the life ofthe patents.
`
`Yes_ XK _
`'012 Patent:
`
`Running Royalty
`
`OR
`
`Lump Sum
`
`IV. WILLFUL INFRINGEMENT
`
`Directions — Question No. 7
`
`In answering the Questions below, please check “Yes” or “No” for eachlisted asserted patent in
`the space provided.
`
`Question No. 7: Answer the following question for eachpatent for which you found
`
`at least one claim infringed in Questions | and/or 2 above. Has CloudofChange proven by
`
`a preponderance ofthe evidence that NCR’s infringement was willful? “Yes” is in favor of
`
`CloudofChange and “No”is in favor of NCR.
`
`‘640 Patent:
`
`91624453v.1
`
`CloudofChange 2012 8 of 9
`Clover Network, LLC v. CloudofChange, LLC
`IPR2023-00287
`
`
`
`Case 6:19-cv-00513-ADA Document 159 Filed 05/20/21 Page 9 of 9
`Case 6:19-cv-00513-ADA Document 159 Filed 05/20/21 Page 9 of 9
`
`You have nowreached the end of the Verdict Form and should reviewit to ensure it
`
`accurately reflects your unanimous determinations. After youare satisfied that your unanimous
`
`answersare correctly reflected above, your Jury Foreperson should then sign and date this Verdict
`
`Form in the spaces below. Once that is done, notify the Court Security Officer that you have
`
`reached a verdict. The jury foreperson should retain possession ofthe verdict form and bring it
`
`whenthe jury is brought back into the courtroom.
`
`I certify that the jury unanimouslyconcurs in every element ofthe aboveverdict.
`
`Jury Foreperson
`
`91624453v.1
`
`CloudofChange 2012 9 of 9
`Clover Network, LLC v. CloudofChange, LLC
`IPR2023-00287
`
`
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