Case 2:21-cv-00463-JRG Document 479 Filed 04/21/23 Page 1 of 8 PageID #: 56035
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`NETLIST, INC.,
`
`Plaintiff,
`
`v.
`
`§ CIVIL ACTION NO. 2:21-CV-00463-JRG
`
`SAMSUNG
`ELECTRONICS
`CO., LTD.,
`SAMSUNG
`ELECTRONICS
`AMERICA,
`SAMSUNG SEMICONDUCTOR,
`INC.,
`INC.,
`
`Defendants.
`
`VERDICT FORM
`
`In answering the following questions and completing this Verdict Form, you are to follow
`
`all the instructions that 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
`
`NETLIST, INC.,
`
`Plaintiff,
`
`v.
`
`§ CIVIL ACTION NO. 2:21-CV-00463-JRG
`
`SAMSUNG
`ELECTRONICS
`CO., LTD.,
`SAMSUNG
`ELECTRONICS
`AMERICA,
`SAMSUNG SEMICONDUCTOR,
`INC.,
`INC.,
`
`Defendants.
`
`VERDICT FORM
`
`In answering the following questions and completing this Verdict Form, you are to follow
`
`all the instructions that 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 2:21-cv-00463-JRG Document 479 Filed 04/21/23 Page 2 of 8 PageID #: 56036
`
`As used in this Verdict Form, the following terms have the following meanings:
`
`• Netlist refers to Plaintiff Netlist, Inc.
`
`• Samsung refers to Defendants Samsung Electronics Co., Ltd., Samsung
`
`Electronics America, Inc., and Samsung Semiconductor, Inc.
`
`• The 339 Patent refers to U.S. Patent No. 10,949,339
`
`® The “ 918 Patent refers to U.S. Patent No. 11,016,918
`
`• The ’054 Patent refers to U.S. Patent No. 11,232,054
`
`• The “’060 Patent refers to U.S. Patent No. 8,787,060
`
`• The ’160 Patent refers to U.S. Patent No. 9,318,160
`
`• The “Asserted Claims refer collectively to Claims 1, 8, and 9 of the 339 Patent;
`
`Claims 1, 5, 13, 16, 18, 19 of the 918 Patent; Claims 16 and 17 of the ’054 Patent;
`
`Claims 1,5, and 7 of the ’060 Patent; and Claim 5 of the ’160 Patent.
`
`2
`
`
`
`Case 2:21-cv-00463-JRG Document 479 Filed 04/21/23 Page 3 of 8 PageID #: 56037
`. Case 2:21-cv-00463-JRG Document 479 Filed 04/21/23 Page 3 of 8 PagelD #: 56037
`
`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 ENSURE THAT YOUR
`READ THEM CAREFULLY AND ENSURE THAT YOUR
`VERDICT COMPLIES WITH THEM
`VERDICT COMPLIES WITH THEM
`
`3
`
`
`
`Case 2:21-cv-00463-JRG Document 479 Filed 04/21/23 Page 4 of 8 PageID #: 56038
`
`QUESTION NO, 1A
`
`Did Netlist prove by a preponderance of the evidence that Samsung infringed ANY of the
`
`Asserted Claims of the 339 Patent?
`
`Yes: No:
`
`QUESTION NO. IB
`
`Did Netlist prove by a preponderance of the evidence that Samsung infringed ANY of the
`
`Asserted Claims of the ’918 and ’054 Patents?
`
`Yes: No:
`
`QUESTION NO, 1C
`
`Did Netlist prove by a preponderance of the evidence that Samsung infringed ANY of the
`
`Asserted Claims of the ’060 and ’160 Patents?
`
`Yes: No:
`
`4
`
`
`
`Case 2:21-cv-00463-JRG Document 479 Filed 04/21/23 Page 5 of 8 PageID #: 56039
`
`QUESTION NO. 2
`
`Did Samsung prove by clear and convincing evidence that any of the following Asserted Claims
`
`are invalid?
`
`For each patent below, please answer Yes or No .
`
`Claim 1 of the 339 Patent:
`
`Yes: No:
`
`Claim 8 of the 339 Patent:
`
`Yes: No:
`
`Cl im 9 of the ’339 Patent:
`
`Yes: No: I
`
`Claim 1 of the ’918 Patent:
`
`Yes: No:
`
`Claim 5 of the ’918 Patent:
`
`Yes: No:
`
`Claim 13 of the 918 Patent:
`
`Yes: No:
`
`Claim 16 of the ’918 Patent:
`
`Yes: No:
`
`Claim 18 of the ’918 Patent:
`
`Yes: No:
`
`Claim 19 of the ’918 Patent:
`
`Yes: No:
`
`Claim 16 of the ’054 Patent:
`
`Yes: No:
`
`Claim 17 of the ’054 Patent:
`
`Yes: No:
`
`5
`
`
`
`Case 2:21-cv-00463-JRG Document 479 Filed 04/21/23 Page 6 of 8 PageID #: 56040
`
`If you answered NO to Question No. 1A, then DO NOT answer Question No. 3A. Answer
`Question 3A ONLY as to any Asserted Claims of the 339 Patent that you have found BOTH
`to be infringed and not invalid.
`
`QUESTION NO. 3A
`
`Did Netlist prove by a preponderance of the evidence that Samsung willfully infringed ANY of
`
`the asserted claims of the 339 Patent that you found were infringed?
`
`Yes:
`
`No:
`
`If you answered NO to Question No. IB, then DO NOT answer Question No. 3B. Answer
`Question No. 3B ONLY as to any Asserted Claims of the ’918 and ’054 Patents that you have
`found BOTH to be infringed and not invalid.
`
`UESTION NO. 3B
`
`Did Netlist prove by a preponderance of the evidence that Samsung willfully infringed ANY of
`
`the asserted claims of the ’918 and ’054 Patents that you found were infringed?
`
`Yes: No:
`
`If you answered “NO to Question No. 1C, then DO NOT answer Question No. 3C.
`Otherwise, answer Question No. 3C.
`
`QUESTION NO. 3C
`
`Did Netlist prove by a preponderance of the evidence that Samsung willfully infringed ANY of
`
`the asserted claims of the ’060 and ’160 Patents that you found were infringed?
`
`Yes: No:
`
`6
`
`
`
`Case 2:21-cv-00463-JRG Document 479 Filed 04/21/23 Page 7 of 8 PageID #: 56041
`
`If you answered NO to Question No. 1A, then DO NOT answer Question No. 4A. Answer
`Question No. 4A ONLY as to any Asserted Claims of the 339 Patent that you have found to
`be BOTH infringed AND not invalid.
`
`QUESTION NO. 4A
`
`What sum of money, if paid now in cash, has Netlist proven by a preponderance of the evidence
`
`would compensate it for the infringement of the 339 Patent?
`
`Answer in United States Dollars and Cents, if any:
`
`$ >3 / Of oo
`
`If you answered NO to Question No. IB, then DO NOT answer Question No. 4B. Answer
`Question No. 4B ONLY as to any Asserted Claims of the ’918 and ’054 Patents that you have
`found BOTH to be infrin ed and not invalid.
`
`QUESTION NO. 4B
`
`What sum of money, if paid now in cash, has Netlist proven by a preponderance of the evidence
`
`would compensate it for the infringement of the ’918 and ’054 Patents?
`
`Answer in United States Dollars and Cents, if any:
`
`$ / coo
`
`If you answered “NO to Question No. 1C, then DO NOT answer Question No. 4C.
`Otherwise, answer Question No. 4C.
`
`QUESTION NO. 4C
`
`What sum of money, if paid now in cash, has Netlist proven by a preponderance of the evidence
`
`would compensate it for the infringement of the ’060 and ’160 Patents?
`
`Answer in United States Dollars and Cents, if any:
`
`$ I - / () >
`
`7
`
`
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`Case 2:21-cv-00463-JRG Document 479 Filed 04/21/23 Page 8 of 8 PageID #: 56042
`
`FINAL PAGE OF THE JURY VERDICT FORM
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`You have now reached the end of the Verdict Form and should review it to ensure it accurately
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`
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`reflects your unanimous determinations. The Jury Foreperson should then sign and date the Verdict
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`Form in the spaces below. Once this is done, notify the Court Security Officer that you have
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`reached a verdict. The Jury Foreperson should keep the Verdict Form and bring it when the jury
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`is brought back into the courtroom.
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`
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`this ;?/ day of April 2023.Signed
`
`Jury Foreperson
`
`8
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`
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