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Case 2:17-cv-00514-JRG Document 192 Filed 02/20/19 Page 1 of 10 PageID #: 16323
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`AGIS SOFTWARE DEVELOPMENT, LLC,
`
`
`
`Plaintiff,
`
`v.
`
`HTC CORPORATION,
`
`Defendant.
`
`CASE NO. 2:17-CV-0514-JRG
`(LEAD CASE)
`
`
`JURY TRIAL DEMANDED
`
`DEFENDANT HTC CORPORATION’S
`PROPOSED JURY VERDICT FORM
`
`Pursuant to the 4th Amended Docket Control Order (D.I. 141) and Joint Motion to
`
`Amend Docket Control Order (D.I. 171), Defendant HTC Corporation hereby submits to the
`
`Court its Proposed Verdict Form. HTC Corporation will continue to meet and confer with
`
`Plaintiff to attempt to reach further agreement regarding their competing versions of this filing
`
`and limit the areas of dispute for the Court.
`
`
`143293571.1
`
`- 1 -
`
`

`

`Case 2:17-cv-00514-JRG Document 192 Filed 02/20/19 Page 2 of 10 PageID #: 16324
`
`Dated: February 19, 2019
`
`Respectfully submitted,
`
`/s/ Kyle R. Canavera
`Matthew C. Bernstein (Lead Attorney)
`CA State Bar No. 199240
`mbernstein@perkinscoie.com
`Miguel J. Bombach
`CA State Bar No. 274287
`mbombach@perkinscoie.com
`Kyle R. Canavera
`CA State Bar No. 314664
`kcanavera@perkinscoie.com
`PERKINS COIE LLP
`11452 El Camino Real, Suite 300
`San Diego, CA 92130-2080
`Tel: (858) 720-5700
`Fax: (858) 720-5799
`
`Eric H. Findlay (Texas Bar No. 00789886)
`Brian Craft (Texas Bar No. 04972020)
`FINDLAY CRAFT, P.C.
`102 N. College Ave., Ste. 900
`Tyler, TX 75702
`Email: efindlay@findlaycraft.com
`Email: bcraft@findlaycraft.com
`Tel: (903) 534-1100
`
`Fax: (903) 534-1137ATTORNEYS FOR
`DEFENDANT
`HTC CORPORATION
`
`
`
`
`143293571.1
`
`- 2 -
`
`

`

`Case 2:17-cv-00514-JRG Document 192 Filed 02/20/19 Page 3 of 10 PageID #: 16325
`
`CERTIFICATE OF SERVICE
`
`I hereby certify that on February 19, 2019, the forgoing document was served via e-mail
`
`upon counsel for Plaintiff AGIS Software Development LLC.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`/s/ Kyle R. Canavera
`
`
`
`143293571.1
`
`- 1 -
`
`

`

`Case 2:17-cv-00514-JRG Document 192 Filed 02/20/19 Page 4 of 10 PageID #: 16326
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`
`AGIS SOFTWARE DEVELOPMENT LLC,
`
`
`Plaintiff,
`
`
`v.
`
`HTC CORPORATION,
`
`
`Defendant.
`
`
`Case No. 2:17-cv-0514-JRG
`(LEAD CASE)
`
`
`JURY TRIAL DEMANDED
`
`
`§
`§
`§
`§
`§
`§
`§
`§
`§
`§
`
`Case No. 2:17-cv-0515-JRG
`(CONSOLIDATED CASE)
`
`JURY TRIAL DEMANDED
`
`LG ELECTRONICS, INC.,
`
`
`Defendant.
`
`§
`§
`§
`§
`
`
`PROPOSED VERDICT FORM FOR THE
`AGIS SOFTWARE DEVELOPMENT LLC V. HTC CORPORATION TRIAL
`
`In answering these questions, you are to follow all of the instructions I have given you in
`
`the Court’s charge. As used herein, “AGIS” or “Plaintiff” means AGIS Software Development
`
`LLC. As used, herein “the ’970 patent” means U.S. Patent No. 8,213,970. As used, herein “the
`
`’055 patent” means U.S. Patent No. 9,408,055. As used, herein “the ’251 patent” means U.S.
`
`Patent No. 9,445,251. As used, herein “the ’838 patent” means U.S. Patent No. 9,467,838.
`
`The parties’ separate proposals are set forth by topic below.
`
`
`
`
`
`
`
`

`

`Case 2:17-cv-00514-JRG Document 192 Filed 02/20/19 Page 5 of 10 PageID #: 16327
`
`
`
`Question No. 1:
`
`Did AGIS prove by a preponderance of the evidence that HTC Corporation has directly infringed
`any of the asserted claim of the ’970 patent?
`
`Answer “Yes” or “No” in the space provided.
`
`
`
`
`
`
`
`Answer: ________________
`
`Question No. 2:
`
`Did AGIS prove by a preponderance of the evidence that HTC Corporation has indirectly
`infringed any of the asserted claims of the ’970 patent either before the lawsuit was filed, after
`the lawsuit was filed, or both?
`
`Answer “Yes” or “No” in the spaces provided.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`’970 Patent: Pre-lawsuit: ________________
`
`Post-Lawsuit: ________________
`
`
`
`2
`
`

`

`Case 2:17-cv-00514-JRG Document 192 Filed 02/20/19 Page 6 of 10 PageID #: 16328
`
`
`
`Question No. 3:
`
`Did AGIS prove by a preponderance of the evidence that HTC Corporation has directly infringed
`any of the asserted claims of the ’055, ’251, or ’838 patents?
`
`Answer “Yes” or “No” for each patent in the space provided.
`
`’055 Patent: ________________
`’251 Patent: ________________
`’838 Patent: ________________
`
`
`
`
`
`
`
`
`
`
`
`Question No. 4:
`
`Did AGIS prove by a preponderance of the evidence that HTC Corporation has indirectly
`infringed any of the asserted claims of the ’055, ’251, or ’838 patents either before the lawsuit
`was filed, after the lawsuit was filed, or both?
`
`Answer “Yes” or “No” in the spaces provided.
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`’055 Patent: Pre-lawsuit: ________________
`
`Post-Lawsuit: ________________
`
`’251 Patent: Pre-lawsuit: ________________
`
`Post-Lawsuit: ________________
`
`’838 Patent: Pre-lawsuit: ________________
`
`Post-Lawsuit: ________________
`
`
`
`3
`
`

`

`Case 2:17-cv-00514-JRG Document 192 Filed 02/20/19 Page 7 of 10 PageID #: 16329
`
`
`
`Question No. 5:
`
`Did HTC Corporation prove by clear and convincing evidence that any of the asserted claims are
`invalid?
`
`Answer “Yes” or “No” for each claim in the space provided.
`
`’970 patent:
`
`Claim 1 __________
`Claim 3 __________
`Claim 5 __________
`Claim 8 __________
`
`
`
`
`’251 patent
`
`Claim 1 __________
`Claim 5 __________
`Claim 6 __________
`Claim 12 __________
`Claim 15 __________
`Claim 19 __________
`Claim 24 __________
`Claim 27 __________
`Claim 29 __________
`
`’055 patent:
`
`Claim 1 ___________
`Claim 2 __________
`Claim 7 ___________
`Claim 22 __________
`Claim 24 __________
`Claim 28 __________
`Claim 32 __________
`Claim 36 __________
`Claim 42 __________
`Claim 49 __________
`Claim 54 __________
`
`’838 patent
`
`Claim 1 __________
`Claim 5 __________
`Claim 7 __________
`Claim 10 __________
`Claim 15 __________
`Claim 18 __________
`Claim 19 __________
`Claim 20 __________
`Claim 27 __________
`
`4
`
`

`

`Case 2:17-cv-00514-JRG Document 192 Filed 02/20/19 Page 8 of 10 PageID #: 16330
`
`
`
`
`
`
`
`
`
`Claim 31 __________
`
`Claim 35 __________
`
`Claim 38 __________
`
`Claim 40 __________
`
`Claim 54 __________
`
`
`
`5
`
`

`

`Case 2:17-cv-00514-JRG Document 192 Filed 02/20/19 Page 9 of 10 PageID #: 16331
`
`
`
`FOLLOW THIS INSTRUCTION:
`
`If you have answered NO to ALL of Questions 1 - 4, answer no further questions,
`proceed to the last page, have your Foreperson sign and date this verdict form, and then deliver it
`to the Court Security Officer.
`
`If you have answered YES to ALL asserted claims in Question 5, answer no further
`questions, proceed to the last page, have your Foreperson sign and date this verdict form, and
`then deliver it to the Court Security Officer.
`
`If you have answered YES to ANY of Questions 1 - 4, PROCEED TO ANSWER THIS
`QUESTION as to ONLY any asserted claims that you have found both to be infringed by HTC
`Corporation and for which you have found that claim is not invalid.
`
`
`
`Question No. 6:
`
`What sum of money, if paid now in cash, do you find by a preponderance of the evidence would
`fairly and reasonably compensate AGIS for damages resulting from HTC Corporation’s
`infringement through the time of trial? Only award damages for the patent claims you have
`found to be both infringed and not invalid.
`
`$_____________________________
`
`
`
`6
`
`

`

`Case 2:17-cv-00514-JRG Document 192 Filed 02/20/19 Page 10 of 10 PageID #: 16332
`
`
`
`We, the jury, unanimously agree to the answers to the preceding questions and return them
`under the instructions of this Court as our verdict in this case.
`
`(The jury foreperson should sign and date the verdict form and return it to the Court Security
`
`Officer)
`
`
`
`____________________, 2019
`
`Date
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`
`________________________________
`
`JURY FOREPERSON
`
`63290774 v2
`
`7
`
`

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