Case 2:19-cv-00209-JRG Document 294 Filed 04/12/21 Page 1 of 10 PageID #: 16160
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`§§ §
`
` CIVIL ACTION NOS. 2:19-CV-00209-JRG
`§ 2:20-CV-00070-JRG
`
`§§
`
`THE HILLMAN GROUP, INC.,
`
`Plaintiff,
`
`v.
`
`KEYME, LLC,
`
`Defendant.
`
`JURY VERDICT FORM
`
`In answering the following questions and completing t is Verdict Form, you
`
`are to follow all the instructions I have given you in the Court s Final Jury
`
`Instructions. 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. You should refer to and consider the Final Jury Instructions as you
`
`answer the questions in this Verdict Form.
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`§§ §
`
` CIVIL ACTION NOS. 2:19-CV-00209-JRG
`§ 2:20-CV-00070-JRG
`
`§§
`
`THE HILLMAN GROUP, INC.,
`
`Plaintiff,
`
`v.
`
`KEYME, LLC,
`
`Defendant.
`
`JURY VERDICT FORM
`
`In answering the following questions and completing t is Verdict Form, you
`
`are to follow all the instructions I have given you in the Court s Final Jury
`
`Instructions. 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. You should refer to and consider the Final Jury Instructions as you
`
`answer the questions in this Verdict Form.
`
`
`
`Case 2:19-cv-00209-JRG Document 294 Filed 04/12/21 Page 2 of 10 PageID #: 16161
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`As used herein, the following terms have the following meanings:
`
`• Hillman refers to The Hillman Group, Inc.
`
`• KeyMe refers to KeyMe, LLC
`
`• The “ 446 Patent refers to U.S. Patent No. 8,979,446.
`
`• The “ 179 Patent refers to U.S. Patent No. 9,914,179.
`
`• The “’474 Patent refers to U.S. Patent No. 10,400,474.
`
`• The “’830 Patent refers to U.S. Patent No. 10,577,830.
`
`• The “’813 Patent refers to U.S. Patent No. 10,628,813.
`
`• The “’336 Patent refers to U.S. Patent No. 10,737,336.
`
`• The “Patents-In-Suit refers collectively to the ’446, ’179, ’474, ’830, ’813,
`and ’336 Patents.
`
`• The “Asserted Claims refers collectively to:
`
`o Claims 70 and 71 of the ’446 Patent;
`
`o Claims 9, 10, and 15 of the’179 Patent;
`
`o Claim 7 of the ’474 Patent;
`
`o Claims 1, 9, 10, and 12 of the’830 Patent;
`
`o Claims 1, 8, 15, and 17 of the ’813 Patent; and
`
`o Claims 1, 5, 6, and 8 of the ’336 Patent.
`
`2
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`
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`Case 2:19-cv-00209-JRG Document 294 Filed 04/12/21 Page 3 of 10 PageID #: 16162
`Case 2:19-cv-00209-JRG Document 294 Filed 04/12/21 Page 3 of 10 PagelD #: 16162
`
`IT IS VERY IMPORTANT THAT YOU FOLLOW THE
`IT IS VERY IMPORTANT THAT YOU FOLLOW THE
`INSTRUCTIONS PROVIDED IN THIS VERDICT FORM.
`INSTRUCTIONS PROVIDED IN THIS VERDICT FORM.
`
`READ THEM CAREFULLY AND
`READ THEM CAREFULLY AND
`ENSURE YOUR VERDICT COMPLIES WITH THEM.
`ENSURE YOUR VERDICT COMPLIES WITH THEM.
`
`3
`
`
`
`Case 2:19-cv-00209-JRG Document 294 Filed 04/12/21 Page 4 of 10 PageID #: 16163
`
`QUESTION NO. 1:
`
`Did Hillman prove by a preponderance of the evidence that KeyMe infringed ANY
`
`of the Asserted Claims?
`
`Yes: No:
`
`4
`
`
`
`Case 2:19-cv-00209-JRG Document 294 Filed 04/12/21 Page 5 of 10 PageID #: 16164
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`QUESTION NO. 2;
`
`Did KeyMe prove by clear and convincing evidence that any of the following
`
`Asserted Claims are invalid?
`
`Check either Yes or “No for each Asserted Claim listed below:
`
`Claim 9 of the 179 Patent Yes:
`
`No: V
`
`Claim 10 of the T 79 Patent Yes:
`
`No:
`
`Claim 15 of the 179 Patent Yes:
`
`No:
`
`Claim 7 of the ’474 Patent Yes:
`
`No: x
`
`Claim 1 of the ’830 Patent Yes:
`
`No:
`
`Claim 9 of the ’830 Patent Yes:
`
`No:
`
`Claim 10 of the ’830 Patent Yes:
`
`No:
`
`Claim 12 of the ’830 Patent Yes:
`
`No:
`
`Claim 1 of the ’336 Patent Yes:
`
`No:
`
`Claim 5 of the ’336 Patent Yes:
`
`No:
`
`Claim 6 of the ’336 Patent Yes:
`
`No:
`
`Claim 8 of the ’336 Patent Yes:
`
`No:
`
`5
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`
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`Case 2:19-cv-00209-JRG Document 294 Filed 04/12/21 Page 6 of 10 PageID #: 16165
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`If you answered NO to Question No. 1, then DO NOT answer Questio No. 3.
`
`Answer Question No. 3 ONLY as to any Asserted Claim of the 446 179, 830,
`’336, or ’813 Patents that you have found BOTH to be infringed AND not
`invalid.
`
`QUESTION NO. 3
`
`Did Hillman prove by a preponderance of the evidence that KeyMe willfully
`
`infringed ANY of the Asserted Claims of the 446, 179, ’830, ’336, or ’813 Patents
`
`that you found were infringed?
`
`Yes: N o:
`
`6
`
`
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`Case 2:19-cv-00209-JRG Document 294 Filed 04/12/21 Page 7 of 10 PageID #: 16166
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`If you answered NO to Question No. 1, then DO NOT answer Question Nos. 4a,
`4b, or 4c.
`
`Answer Question Nos. 4a, 4b, and 4c ONLY as to any Asserted Claim that you
`have found BOTH to be infringed AND (if applicable) not invalid.
`
`QUESTION NO. 4a:
`
`What sum of money, if any, has Hillman proven by a preponderance of the evidence
`
`that it is entitled to as lost profits?
`
`Answer in United States Dollars and Cents, if any:
`
`$
`
`7
`
`
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`Case 2:19-cv-00209-JRG Document 294 Filed 04/12/21 Page 8 of 10 PageID #: 16167
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`If you awarded lost profits in Question 4a, you must also answer Question 4b
`as to any acts of infringement for which you have not already awarded lost
`profits.
`
`If you did NOT award any lost profits in Question 4a, you must answer
`Question 4b as to ALL acts of infringement.
`
`QUESTION NO. 4b:
`
`What sum of money, if any, paid now in cash, has Hillman proven by a
`
`preponderance of the evidence would compensate Hillman as a reasonable royalty
`
`for its damages resulting from infringement?
`
`Answer in United States Dollars and Cents, if any:
`
`$
`
`8
`
`
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`Case 2:19-cv-00209-JRG Document 294 Filed 04/12/21 Page 9 of 10 PageID #: 16168
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`QUESTION NO. 4c:
`
`Is the reasonable royalty amount you awarded in Question 4b: (i) a lump-
`
`sum representing damages for past and future infringement; (ii) a lump-sum
`
`representing damages for past infringement only; or (iii) a rur ing royalty?
`
`Check ONE of the following:
`
`Lump Sum for past and future
`infringement
`
`-OR-
`
`Lump Sum for past infringement only
`
`-OR-
`
`Running Royalty
`
`9
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`
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`Case 2:19-cv-00209-JRG Document 294 Filed 04/12/21 Page 10 of 10 PageID #: 16169
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`
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`FINAL PAGE OF JURY VERDICT FORM
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`You have now reached the end of the Verdict Form and should review it to
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`
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`ensure it accurately reflects your unanimous determinations. The Jury Foreperson
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`should then sign and date the Verdict Form in the spaces below. Once this is done,
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`notify the Court Security Officer that you have reached a verdict. The Jury
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`Foreperson should keep the Verdict Form and bring it when the jury is brought back
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`into the courtroom.
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`. Signed this / d_ day of April, 2021
`
`.iyF;repel"son
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`10
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`
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