`Case 1:20-cv-00393-LO-TCB Document 1313-1 Filed 06/10/22 Page 1 of 7 PagelD# 33320
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`EXHIBIT 1
`EXHIBIT 1
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`Case 1:20-cv-00393-LO-TCB Document 1313-1 Filed 06/10/22 Page 2 of 7 PageID# 33321
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`UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF VIRGINIA
`ALEXANDRIA DIVISION
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`PHILIP MORRIS PRODUCTS S.A.,
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`Plaintiff,
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`v.
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`R.J. REYNOLDS VAPOR COMPANY
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`Defendant.
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`Civil Action No. 1:20-cv-393-LO-TCB
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`PLAINTIFF’S PROPOSED VERDICT FORM
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`The below verdict form provides questions and instructions that will serve as your verdict
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`in this case. When answering the questions and instructions, please follow the instructions
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`provided throughout the form. Your answer to each question must be unanimous. Some of the
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`questions contain legal terms that are defined and explained in detail in the Court’s Jury
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`Instructions. Please refer to the Jury Instructions if you are unsure about the meaning or usage of
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`any legal term that appears in the questions below.
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`In the verdict form, Plaintiff Philip Morris Products S.A. may be referred to as “Philip
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`Morris.” Defendant R.J. Reynolds Vapor Company may be referred to as “Reynolds.”
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`We, the jury, unanimously agree to the answers to the following questions and return them
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`under the instructions of this Court as our verdict in this case.
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`Case 1:20-cv-00393-LO-TCB Document 1313-1 Filed 06/10/22 Page 3 of 7 PageID# 33322
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`I.
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`QUESTION NO. 1 – INFRINGEMENT
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`Do you find that Philip Morris has proven by a preponderance of the evidence that
`Reynolds has infringed any of the following claims? Answer “Yes” or “No” for each claim
`identified below.
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`A.
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`U.S. Patent No. 9,814,265
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`1. Claim 1
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`2. Claim 4
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`B.
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`U.S. Patent No. 10,104,911
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`1. Claim 2
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`2. Claim 11
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`3. Claim 12
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`4. Claim 13
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`Yes
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`Yes
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`Yes
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`Yes
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`Yes
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`Yes
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`No
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`No
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`No
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`No
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`No
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`No
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`1
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`Case 1:20-cv-00393-LO-TCB Document 1313-1 Filed 06/10/22 Page 4 of 7 PageID# 33323
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`II.
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`QUESTION NO. 2 – WILLFUL INFRINGEMENT
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`Do you find that Philip Morris has proven by a preponderance of the evidence that
`Reynolds’ infringement was willful?
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`Yes
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`No
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`2
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`Case 1:20-cv-00393-LO-TCB Document 1313-1 Filed 06/10/22 Page 5 of 7 PageID# 33324
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`III. QUESTION NO. 3 – VALIDITY
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`Do you find that Reynolds has proven by clear and convincing evidence that any of the
`following claims are invalid? Answer “Yes” or “No” for each claim identified below.
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`A.
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`U.S. Patent No. 9,814,265
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`1. Claim 1
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`2. Claim 4
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`B.
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`U.S. Patent No. 10,104,911
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`1. Claim 2
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`2. Claim 11
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`3. Claim 12
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`4. Claim 13
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`Yes
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`Yes
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`Yes
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`Yes
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`Yes
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`Yes
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`No
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`No
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`No
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`No
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`No
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`No
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`3
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`Case 1:20-cv-00393-LO-TCB Document 1313-1 Filed 06/10/22 Page 6 of 7 PageID# 33325
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`IV. QUESTION NO. 4 – DAMAGES
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`For each patent identified below, answer the question below only if you found above that Reynolds
`infringed at least one claim that you also found is not invalid.
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`A.
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`U.S. Patent No. 9,814,265
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`What sum of money did Philip Morris prove by a preponderance of the evidence would be
`adequate compensation for Reynolds’ infringement of the ’265 Patent through December 31,
`2021? Provide the reasonable royalty rate, and amount in dollars and cents, below.
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`_________________%
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`(rate)
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`$______________________________
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` (amount)
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`B.
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`U.S. Patent No. 10,104,911
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`What sum of money did Philip Morris prove by a preponderance of the evidence would be
`adequate compensation for Reynolds’ infringement of the ’911 Patent through December 31,
`2021? Provide the reasonable royalty rate, and amount in dollars and cents, below.
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`_________________%
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`(rate)
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`$______________________________
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` (amount)
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`4
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`Case 1:20-cv-00393-LO-TCB Document 1313-1 Filed 06/10/22 Page 7 of 7 PageID# 33326
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`END OF 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 reflects your unanimous determinations. If you are satisfied that your unanimous
`answers are accurately reflected above, please have the Jury Foreperson sign and date this form in
`the spaces below.
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`Jury Foreperson:______________________
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`Date: ______________________
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`5
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