Free Verdict Sheet - District Court of Delaware - Delaware


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Date: December 31, 1969
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State: Delaware
Category: District Court of Delaware
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Case 1:04-cv-01371-JJF

Document 406

Filed 10/05/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE POWER INTEGRATIONS, INC., a Delaware corporation, Plaintiff, v. FAIRCHILD SEMICONDUCTOR INTERNATIONAL, INC., a Delaware corporation, and FAIRCHILD SEMICONDUCTOR CORPORATION, a Delaware corporation, Defendants. C.A. No. 04-1371 JJF

POWER INTEGRATIONS' [PROPOSED] SPECIAL VERDICT AND INTERROGATORIES TO THE JURY

We, the jury, unanimously find as follows:

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INFRINGEMENT OF POWER INTEGRATIONS' '876 PATENT Infringement of the '876 Patent 1. Do you find by a preponderance of the evidence that Fairchild has literally infringed the following claims of the '876 Patent? (A "YES" answer to this question is a finding for Power Integrations. A "NO" answer is a finding for Fairchild.) Claim 1: YES NO

2. If you answered "NO" as to any claim(s) in question 1, do you find by a preponderance of the evidence that Fairchild nevertheless infringes the claim(s) under the doctrine of equivalents? (A "YES" answer to this question is a finding for Power Integrations. A "NO" answer is a finding for Fairchild.) Claim 1: YES NO

Willful Infringement of the '876 Patent 3. If you answered " YES" as to any claims for any of questions 1-2, do you find by clear and convincing evidence that Fairchild's infringement of the claim(s) was willful? (A " YES" answer to this question is a finding for Power Integrations. A " NO" answer is a finding for Fairchild.) YES NO

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INFRINGEMENT OF POWER INTEGRATIONS' '851 PATENT Infringement of the '851 Patent 4. Do you find by a preponderance of the evidence that Fairchild has literally infringed the following claims of the '851 Patent? (A " YES" answer to this question is a finding for Power Integrations. A " NO" answer is a finding for Fairchild.) Claim 1: Claim 4: YES YES NO NO

5. If you answered " NO" as to any claim(s) in question 4, do you find by a preponderance of the evidence that Fairchild nevertheless infringes the claim(s) under the doctrine of equivalents? (A " YES" answer to this question is a finding for Power Integrations. A " NO" answer is a finding for Fairchild.) Claim 1: Claim 4: YES YES NO NO

Willful Infringement of the '851 Patent 6. If you answered " YES" as to any claims for any of questions 4-5, do you find by clear and convincing evidence that Fairchild's infringement of the claim(s) was willful? (A " YES" answer to this question is a finding for Power Integrations. A " NO" answer is a finding for Fairchild.) YES NO

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INFRINGEMENT OF POWER INTEGRATIONS' '366 PATENT Infringement of the '366 Patent 7. Do you find by a preponderance of the evidence that Fairchild has literally infringed the following claims of the '366 Patent? (A " YES" answer to this question is a finding for Power Integrations. A " NO" answer is a finding for Fairchild.) Claim 9: Claim 14: YES YES NO NO

8. If you answered " NO" as to any claim(s) in question 7, do you find by a preponderance of the evidence that Fairchild nevertheless infringes the claim(s) under the doctrine of equivalents? (A " YES" answer to this question is a finding for Power Integrations. A " NO" answer is a finding for Fairchild.) Claim 9: Claim 14: YES YES NO NO

Willful Infringement of the '366 Patent 9. If you answered " YES" as to any claims for any of questions 7-8, do you find by clear and convincing evidence that Fairchild's infringement of the claim(s) was willful? (A " YES" answer to this question is a finding for Power Integrations. A " NO" answer is a finding for Fairchild.) YES NO

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INFRINGEMENT OF POWER INTEGRATIONS' '075 PATENT Infringement of the '075 Patent 10. Do you find by a preponderance of the evidence that Fairchild has literally infringed the following claims of the '075 Patent? (A " YES" answer to this question is a finding for Power Integrations. A " NO" answer is a finding for Fairchild.) Claim 1: Claim 5: YES YES NO NO

Willful Infringement of the '075 Patent 11. If you answered " YES" as to any claims for question 10, do you find by clear and convincing evidence that Fairchild's infringement of the claim(s) was willful? (A " YES" answer to this question is a finding for Power Integrations. A " NO" answer is a finding for Fairchild.) YES NO

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DAMAGES DUE TO POWER INTEGRATIONS Damages for Infringement of the'876, '851,'366, and/or '075 Patents 12. If you have found that Fairchild has infringed at least one asserted claim from any of the '876, '851, '366, and/or '075 Patents, do you find by a preponderance of the evidence that Power Integrations suffered actual damages as a result of Fairchild's infringement? (A " YES" answer to this question is a finding for Power Integrations. A " NO" answer is a finding for Fairchild.) YES NO

13. If you answered " YES" to question 12, state the type and amount of damages you find Power Integrations to have proven by a preponderance of the evidence: (A) Lost Profits from Lost Sales (`876 and/or `851 patent only): ______________________________________________________________ (B) Past Lost Profits from Price Erosion: (C) Future Lost Profits from Price Erosion: (D1) Reasonable Royalty (in addition to Lost Profits from Lost Sales): (or) (D2) Reasonable Royalty (if no Lost Profits from Lost Sales):

______________________________________________________________

TOTAL DAMAGES

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14. If you answered " YES" to question 12, please state the applicable royalty rates that should apply to each patent you found Fairchild infringed: `876 Patent `366 Patent __________ __________ `851 Patent `075 Patent __________ __________

You must each sign this Verdict Form: (foreperson)

Dated: ______________

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CERTIFICATE OF SERVICE I hereby certify that on October 5, 2006, I electronically filed a Power Integrations [Proposed] Special Verdict and Interrogatories to the Jury with the Clerk of Court using CM/ECF which will send notification of such filing(s) to the following: Steven J. Balick, Esq. John G. Day, Esq. Ashby & Geddes 222 Delaware Avenue, 17th Floor P. O. Box 1150 Wilmington, DE 19899 Attorneys for DefendantsCounterclaimants FAIRCHILD SEMICONDUCTOR INTERNATIONAL, INC., a Delaware corporation, and FAIRCHILD SEMICONDUCTOR CORPORATION

I hereby certify that on October 5, 2006, I have served via email, the document(s) to the following non-registered participants: G. Hopkins Guy III Orrick, Herrington & Sutcliffe, LLP c/o Hotel Dupont Suite 1040 Wilmington, DE 19801 Attorneys for DefendantsCounterclaimants FAIRCHILD SEMICONDUCTOR INTERNATIONAL, INC., a Delaware corporation, and FAIRCHILD SEMICONDUCTOR CORPORATION

/s/ William J. Marsden, Jr. William J. Marsden, Jr.

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