`
`Case 6:15-cv-00201-JRG-KNM Document 237 Filed 08/19/16 Page 1 of 5 PageID #: 7712
`Case 6:15-cv-00201-JRG-KNM Document 237 Filed 08/19/16 Page 1 of 5 PagelD #: 7712
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`TYLER DIVISION
`
`CIVIL ACTION NO,
`6:15-cv-00201-JRG-KNM
`
`JURY TRIAL DEMANDED
`
`§ §
`
`§
`§
`
`§ §
`
`§ §
`
`§
`
`FLEXUSPINE,INC.
`
`Plaintiff,
`
`v.
`
`GLOBUS MEDICAL,INC.,
`
`Defendant.
`
`VERDICT FORM
`
`In answering these questions, you are to follow all of the instructions I have given you in
`the Court’s Final Instructions to the Jury. Your answers to each question must be unanimous,
`
`Asused herein,“Flexuspine” means Flexuspine,Inc. and “Globus” means “Globus
`
`Medical, Inc.
`
`As used herein,the ’853 Patent means U.S. Patent No. 7,204,853 and the ’714 Patent
`
`means U.S. Patent No. 7,316,714.
`
`
`
`Case 6:15-cv-00201-JRG-KNM Document 237 Filed 08/19/16 Page 2 of 5 PageID #: 7713
`Case 6:15-cv-00201-JRG-KNM Document 237 Filed 08/19/16 Page 2 of 5 PagelD #: 7713
`
`QUESTION1:
`
`Did Flexuspine prove by a preponderance of the evidence that Globus infringes the
`following claimsof the following patents?
`
`Answer “Yes” or “No”for each Claim.
`
`°853 Patent
`
`Claim 1:
`
`vA Up
`
`°714 Patent
`
`Claim 1:
`
`Claim 2:
`
`No
`
`Me
`
`
`
`
`
`Case 6:15-cv-00201-JRG-KNM Document 237 Filed 08/19/16 Page 3 of 5 PageID #: 7714
`Case 6:15-cv-00201-JRG-KNM Document 237 Filed 08/19/16 Page 3 of 5 PagelD #: 7714
`
`ANSWER THIS NEXT QUESTION ONLY AS TO THOSE CLAIMS YOU ANSWERED
`“YES” TO IN QUESTION 1 ABOVE—OTHERWISE DO NOT ANSWERTHIS QUESTION.
`
`QUESTION2:
`
`Did Globus prove by clear and convincing evidence that any of the asserted claims of
`the following patents are invalid?
`
`If you find the claims invalid, answer “Yes,” otherwise, answer “No.”
`
`°853 Patent
`
`Claim 1:
`
`°714 Patent
`
`Claim 1:
`
`Claim 2:
`
`
`
`
`
`Case 6:15-cv-00201-JRG-KNM Document 237 Filed 08/19/16 Page 4 of 5 PageID #: 7715
`Case 6:15-cv-00201-JRG-KNM Document 237 Filed 08/19/16 Page 4 of 5 PagelD #: 7715
`
`ANSWER QUESTION 3 ONLY IF YOU HAVE FOUND ONE OR MORE OF THE
`ASSERTED CLAIMS OF THE ’853 or ’714 PATENTS TO BE INFRINGED AND NOT
`INVALID.
`
`QUESTION3:
`
`A, What sum of money do you find by a preponderance ofthe evidence, if now paid in
`cash, would reasonably compensate Flexuspine for any infringement by Globus?
`
`Answerin Dollars and Cents:
`
`$ SSS
`
`B. Wasthis monetary award a running royalty or a lump sum?
`
`Checkthe answer that applies, but only check one answer.
`
`Running Royalty:
`
`Lump Sum:
`
`
`
`
`
`Case 6:15-cv-00201-JRG-KNM Document 237 Filed 08/19/16 Page 5 of 5 PageID #: 7716
`Case 6:15-cv-00201-JRG-KNM Document 237 Filed 08/19/16 Page 5 of 5 PagelD #: 7716
`
`Signed this / G day ofAugust, 2016:
`
`~ JURY FOREPERSON
`
`
`
`
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