Case 2:19-cv-00311-JRG-RSP Document 258 Filed 05/07/21 Page 1 of 10 PageID #: 8942
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`§§§
`
`§§§§
`
` Case No.: 2:19-cv-00237-J RG-RSP
`§ Case No.: 2:19-cv-00310-JRG-RSP
`§ Case No.: 2:19-cv-00311-JRG-RSP
`
` JURY TRIAL DEMANDED
`
`GREE, INC.,
`
`Plaintiff,
`
`v.
`
`SUPERCELL OY,
`
`Defendant.
`
`VERDICT FORM
`
`In answering the following questions and completing this 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
`
`Juiy Instructions. You should refer to and consider the Final Jury Instructions as you
`
`answer the questions in this Verdict Form.
`
`Patent Owner Gree, Inc.
`Exhibit 2018 - Page 1 of 10
`
`
`
`IN THE UNITED STATES DISTRICT COURT
`FOR THE EASTERN DISTRICT OF TEXAS
`MARSHALL DIVISION
`
`§§§
`
`§§§§
`
` Case No.: 2:19-cv-00237-J RG-RSP
`§ Case No.: 2:19-cv-00310-JRG-RSP
`§ Case No.: 2:19-cv-00311-JRG-RSP
`
` JURY TRIAL DEMANDED
`
`GREE, INC.,
`
`Plaintiff,
`
`v.
`
`SUPERCELL OY,
`
`Defendant.
`
`VERDICT FORM
`
`In answering the following questions and completing this 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
`
`Juiy Instructions. You should refer to and consider the Final Jury Instructions as you
`
`answer the questions in this Verdict Form.
`
`Patent Owner Gree, Inc.
`Exhibit 2018 - Page 1 of 10
`
`
`
`Case 2:19-cv-00311-JRG-RSP Document 258 Filed 05/07/21 Page 2 of 10 PageID #: 8943
`
`As used herein, the following terms have the following meanings:
`
`• GREE or Plaintiff refers to GREE, Inc.
`
`• “Supercell or “Defendant refers to Supercell Oy
`
`• The “ 346 Patent refers to U.S. Patent No. 10,328,346
`
`• The “’689 Patent refers to U.S. Patent No. 10,335,689
`
`• The “’708 Patent refers to U.S. Patent No. 10,076,708
`
`• The “’832 Patent refers to U.S. Patent No. 10,413,832
`
`• The “’107 Patent refers to U.S. Patent No. 9,079,107
`
`• The “’439 Patent refers to U.S. Patent No. 9,561,439
`
`• The “Asserted Claims refers collectively to Claim 3 of the ’346 Patent; Claim
`
`8 of the ’689 Patent; Claim 1 of the ’708 Patent; Claims 2 and 3 of the
`
`’832 Patent; Claims 1 and 6 of the ’107 Patent; and Claims 1 and 5 of the ’439
`
`Patent.
`
`-2-
`
`Patent Owner Gree, Inc.
`Exhibit 2018 - Page 2 of 10
`
`
`
`Case 2:19-cv-00311-JRG-RSP Document 258 Filed 05/07/21 Page 3 of 10 PageID #: 8944
`
`IT IS VERY IMPORTANT THAT YOU FOLLOW THE
`INSTRUCTIONS PROVIDED IN THIS VERDICT FORM.
`
`READ THEM CAREFULLY AND
`ENSURE YOUR VERDICT COMPLIES WITH THEM.
`
`-3 -
`
`Patent Owner Gree, Inc.
`Exhibit 2018 - Page 3 of 10
`
`
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`Case 2:19-cv-00311-JRG-RSP Document 258 Filed 05/07/21 Page 4 of 10 PageID #: 8945
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`QUESTION 1 - INFRINGEMENT
`
`Did GREE prove by a preponderance of the evidence that Supercell infringed ANY
`
`of the Asserted Claims?
`
`Yes: No:
`
`-4-
`
`Patent Owner Gree, Inc.
`Exhibit 2018 - Page 4 of 10
`
`
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`Case 2:19-cv-00311-JRG-RSP Document 258 Filed 05/07/21 Page 5 of 10 PageID #: 8946
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`You MUST answer Question 2A REGARDLESS of your answer to Question
`No. 1. If your answer to Question No. 1 was YES or if it was NO, ou must still
`answer Question No. 2A,
`
`QUESTION 2A - VALIDITY OF THE 346 and 689 PATENTS
`
`Did Supercell prove by clear and convincing evidence that any of the following
`
`Asserted Claims are invalid?
`
`Answer Yes or No for each Asserted Claim listed below:
`
`346 Patent
`
`Claim 3: Yes: No:
`
`’689 Patent
`
`Claim 8: Yes: No:
`
`-5-
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`Patent Owner Gree, Inc.
`Exhibit 2018 - Page 5 of 10
`
`
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`Case 2:19-cv-00311-JRG-RSP Document 258 Filed 05/07/21 Page 6 of 10 PageID #: 8947
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`Answer Question No. 2B ONLY if you answered YES to Question No. 1. If you
`answered NO to Question No. 1, then DO NOT answer Question No. 2B.
`
`QUESTION 2B - VALIDITY OF THE 107 and 439 PATENTS
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`Did Supercell prove by clear and convincing evidence that any of the following
`
`Asserted Claims are invalid?
`
`Answer Yes or “No for each Asserted Claim listed below:
`
`107 Patent
`
`Claim 1: Yes:
`
`Claim 6: Yes:
`
`439 Patent
`
`Claim 1: Yes:
`
`Claim 5: Yes:
`
`-6-
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`Patent Owner Gree, Inc.
`Exhibit 2018 - Page 6 of 10
`
`
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`Case 2:19-cv-00311-JRG-RSP Document 258 Filed 05/07/21 Page 7 of 10 PageID #: 8948
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`If you answered NO to Question No. 1 then DO NOT answer Question No. 3.
`
`Answer Question No. 3 ONLY as to any sserted Claim that you have found
`BOTH to be INFRINGED and NOT INVALID.
`
`QUESTION NO. 3
`
`Did GREE prove by a preponderance of the evidence that Supercell willfully
`
`infringed ANY of the Asserted Claims that you found were infringed?
`
`Yes: No:
`
`-7-
`
`Patent Owner Gree, Inc.
`Exhibit 2018 - Page 7 of 10
`
`
`
`Case 2:19-cv-00311-JRG-RSP Document 258 Filed 05/07/21 Page 8 of 10 PageID #: 8949
`
`If you answered NO to Question No. 1 then DO NOT answer Question No. 4A
`or 4B.
`
`Answer Question No. 4A and 4B ONLY as to any Asserted Claim that you have
`found BOTH to be INFRINGED and NOT INVALID.
`
`QUESTION NO. 4A:
`
`What sum of money, if any, paid now in cash, has GREE proven by a preponderance
`
`of the evidence would compensate GREE for its damages resulting from any
`
`infringement you have found?
`
`Answer in United States Dollars and Cents, if any:
`
`$
`
`-8-
`
`Patent Owner Gree, Inc.
`Exhibit 2018 - Page 8 of 10
`
`
`
`Case 2:19-cv-00311-JRG-RSP Document 258 Filed 05/07/21 Page 9 of 10 PageID #: 8950
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`QUESTION NO. 4B:
`
`Is the total amount you awarded in Question No. 4A a lump-sum representing
`
`damages for past and future sales, or is it a running royalty for past sales only?
`
`Check one of the following:
`
`Lump-sum
`
`OR
`
`Runnin Royalty
`
`-9-
`
`Patent Owner Gree, Inc.
`Exhibit 2018 - Page 9 of 10
`
`
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`Case 2:19-cv-00311-JRG-RSP Document 258 Filed 05/07/21 Page 10 of 10 PageID #: 8951
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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 ensure it
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`accurately reflects your unanimous determinations. The Jury Foreperson should
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`
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`then sign and date the Verdict Form in the spaces below. Once this is done, notify
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`the Court Security Officer that you have reached a verdict. The Jury Foreperson
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`should keep the Verdict Form and bring it when the jury is brought back into the
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`courtroom.
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`this 7-rh day of May, 2021.
`Signed
`
`Jury Foreperson
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`-10 -
`
`Patent Owner Gree, Inc.
`Exhibit 2018 - Page 10 of 10
`
`
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