Free Proposed Pretrial Order - District Court of Delaware - Delaware

Case 1:05-cv-00608-MPT Document 387-9 Filed O2/13/2008 Page1 0f4
EXHIBIT H

Case 1 :05-cv-00608-MPT Document 387-9 Filed O2/13/2008 Page 2 of 4
EXHIBIT H
IN THE UNITED STATES DISTRICT COURT
FOR TH E DISTRICT OF DELAWARE
)
CROWN CORK & SEAL USA, INCI, )
)
)
V. )
)
REXAIVI BEVERAGE CAN CO. )
g CIVIL ACTION NO. 05-608 (MPT)
)
)
)
}
JO§N`I` PROFOSED SPECIAL VERDICT FORM

Case 1 :05-cv-00608-MPT Document 387-9 Filed O2/13/2008 Page 3 of 4
WE,T1~I§E JURY, UNANIIVIOUSLY FIND AS FOLLOWS:
WITH RESPECT TO REXAiV§’S CLAIM AGAINST CROWN:
it ....... Ii.¤s..Qtnwn.1¤.i.¤v¢.¤.by.¤1¢-ar.a¤¤.¢,¤nvta<;inaevi=isns¢...¤ntany.¢[email protected]¢ ....,.·~V~
242 ¤¤¤¤¤ti$..i.¤rt@·.i.is1? ....... .....S.S.,,..,,,...,`.II4a4aaaIaaaIaaIII.ISSSSu. ( SS._S . S.....I...I.......,e.--- -4 ¤¤¤¤r··=¤=
Check YES or NO. (YES is a finding fo: Crown; N0 is a finding for Rexam)
Claim I l, 2,42 patent YES _W NO _
Claim 1.2, 2,42 patent YES mw NO ____
Damages
.2. If you have found that Crown has failed to prove that both claims of the
24.2 patent are invalid, what should Crown pay to Rexam as damages for
infringement ofthe 2.42 patent'?
$ (
Rexanfs Score Line Patents
3. Has Rexarn proven by a preponderance ofthe evidence that Crown’s LOE
end infringed claim I3 of the .230 patent?
Check YES or NO. (YES is a iinding for Rexam; NO is a finding for Crown.)
YES __ NO_____
4. Has Rexam pi oven by a preponderance of the evidence that Crown‘s LOE
end infringed ciaiin 7 of the 728 patent?
Check YES or NO (YES is a finding For Rexam; NO is a finding for Ciown.)
YES _____ NO____

Case 1 :05-cv-00608-MPT Document 387-9 Filed O2/13/2008 Page 4 of 4
5, Has Crown proven by clear and convincing evidence that claim 13 of the
230 patent and claim 7 ofthe 7.28 patent is invalid?
Check YES or NO. {YES is a finding for Crown; NO is a finding for Rexatn)
Claim 13, 230 patent YES ____ NO ____
Claim 7, 728 patent YES ___ NO ___
Damages
6. if you have found that any of ciaims i3 oi the 230 patent or claim 7 ofthe
728 patent have been infringed, and you have also found that Crown has failed to
prove that any such ciaims are invalid, what shouid Crown pay to Rexam as
damages for infringement'?
S .
Foreman