Free Verdict Sheet - District Court of Delaware - Delaware

Case 1:04-cv-01258-SLR

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Filed 04/16/2006

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IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF DELAWARE MCKESSON INFORMATION SOLUTIONS LLC, Plaintiff, v. THE TRIZETTO GROUP, INC. Defendant. THE TRIZETTO GROUP, INC.'S REVISED PROPOSED SPECIAL VERDICT FORM (PHASE I) Pursuant to Local Rule 51.1, The TriZetto Group, Inc. hereby submits its revised proposed form of special verdict and interrogatories to the jury. Civil Action No. 04-1258-SLR

MORRIS, NICHOLS, ARSHT & TUNNELL LLP /s/ Jack B. Blumenfeld (#1014) Jack B. Blumenfeld (#1014) Rodger D. Smith, II (#3778) 1201 N. Market Street Wilmington, DE19899 (302) 658-9200 Attorneys for Defendant The TriZetto Group, Inc. Of Counsel: GIBSON, DUNN & CRUTCHER LLP Jeffrey T. Thomas David Segal Michael A. Sitzman Jamboree Center, 4 Park Plaza Irvine, CA 92614 Dated: April 16, 2006

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We, the jury, unanimously find as follows: DIRECT INFRINGEMENT 1. For each of the products listed below, has McKesson shown by a preponderance

of the evidence that TriZetto is directly infringing the claims of U.S. Patent No. 5,253,164 (the "'164 patent")? "Yes" is a finding for McKesson. "No" is a finding for TriZetto. FACETS Claim 1 Claim 2 Claim 16 YES NO

CLAIMFACTS Claim 1 Claim 2 Claim 16

YES

NO

QICLINK Claim 1 Claim 2 Claim 16

YES

NO

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2.

For each of the products listed below, has McKesson shown by a preponderance

of the evidence that TriZetto's customers are directly infringing the claims of U.S. Patent No. 5,253,164 (the "'164 patent")? "Yes" is a finding for McKesson. "No" is a finding for TriZetto. FACETS Claim 1 Claim 2 Claim 16 YES NO

CLAIMFACTS Claim 1 Claim 2 Claim 16

YES

NO

QICLINK Claim 1 Claim 2 Claim 16

YES

NO

If you answered "No" as to all the claims in Questions 1 and 2, please sign and return this form. If you answered "Yes" as to any claims or products in Question 2, then you should answer the questions below for those claim(s) and product(s).

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ACTIVE INDUCEMENT OF INFRINGEMENT 3. Has McKesson shown, by a preponderance of the evidence, that TriZetto has

actively induced its customers to use its products in a way that directly infringes an asserted claim of the '164 patent? "Yes" is a finding for McKesson. "No" is a finding for TriZetto. YES Claim 1 Claim 2 Claim 16 NO

CONTRIBUTORY INFRINGEMENT 4. Has McKesson shown, by a preponderance of the evidence, that TriZetto has

contributed to the infringement of any asserted claim of the `164 patent by selling products it knew were especially made to infringe the `164 patent and that the products were not suitable for substantial noninfringing uses? "Yes" is a finding for McKesson. "No" is a finding for TriZetto. YES Claim 1 Claim 2 Claim 16 NO

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Each juror should sign the verdict form to reflect that a unanimous verdict has been reached. Dated: _________________, 2006 ______________________________ FOREPERSON ______________________________

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CERTIFICATE OF SERVICE I, Jack B. Blumenfeld, hereby certify that on April 16, 2006 I electronically filed The TriZetto Group, Inc.'s Revised Proposed Special Verdict Form (Phase I) with the Clerk of the Court using CM/ECF, which will send notification of such filing(s) to the following: Thomas J. Allingham, II Skadden, Arps, Slate, Meagher & Flom LLP I also certify that copies were caused to be served on April 16 2006 upon the following in the manner indicated:

BY EMAIL Thomas J. Allingham, II Skadden, Arps, Slate, Meagher & Flom LLP One Rodney Square P.O. Box 636 Wilmington, DE 19899 Jeffrey G. Randall Skadden, Arps, Slate, Meagher & Flom LLP 525 University Avenue Suite 1100 Palo Alto, CA 94301]

/s/ Jack B. Blumenfeld Morris, Nichols, Arsht & Tunnell LLP 1201 N. Market Street P.O. Box 1347 Wilmington, DE 19899 (302) 658-9200 [email protected]

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