Case 1:23-cv-00324-ADA Document 351-9 Filed 12/18/24 Page 1 of 15
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`Joint Pretrial Order
`EXHIBIT 17
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`Defendant’s Jury Verdict Form
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`Case 1:23-cv-00324-ADA Document 351-9 Filed 12/18/24 Page 2 of 15
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`IN THE UNITED STATES DISTRICT COURT
`FOR THE WESTERN DISTRICT OF TEXAS
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`AUSTIN DIVISION
`CARBYNE BIOMETRICS, LLC,
`Plaintiff, Civil Action No. 1:23-cv-00324
`Vs.
`APPLE INC., JURY TRIAL
`Defendant.
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`[APPLE’S PROPOSED] JURY VERDICT FORM
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`Case 1:23-cv-00324-ADA Document 351-9 Filed 12/18/24 Page 3 of 15
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`JURY VERDICT FORM!
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`When answering the following questions and filling out this Verdict Form, please follow
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`the directions provided throughout the Verdict Form. Your answer to each question must be
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`unanimous. Some of the questions contain legal terms that are defined and explained in detail in
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`the Jury Instructions. Please refer to the Jury Instructions as you answer the questions below.
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`As used herein, the following terms have the corresponding meanings provided.
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`“Carbyne” means Carbyne Biometrics, LLC
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`“Apple” means Apple Inc.
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`“?105 Patent” means U.S. Patent Number 11,475,105
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`“’138 Patent” means U.S. Patent Number 11,514,138
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`“’010 Patent” means U.S. Patent Number 9,972,010
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`“’656 Patent” means U.S. Patent Number 10,713,656
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`“’886 Patent” means U.S. Patent Number 11,526,886
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`“Asserted Patents” means the 105 Patent, the *138 Patent, the 010 Patent, the 656
`Patent, and the 886 Patent.
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`The “Asserted Claims” refers collectively to claims 1, 9, 14, and 35 of the *105
`Patent; claims 1, 7, 8, and 25 of the 138 Patent; claims 1, 6 and 9 of the *010 Patent;
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`claims 1 and 8 of the 656 Patent; and claims 1, 12, and 14 of the ’886 Patent.
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`!'This verdict form is based on—and similar to—the form the Court has used in a number of cases.
`See, e.g., EcoFactor, Inc. v. Google LLC, No. 6:20-cv-75-ADA (W.D. Tex. Feb. 10, 2022) (Dkt.
`215); VLSI Technology LLC v. Intel Corp., No. 6:21-cv-299-ADA (W.D. Tex. Apr. 21, 2021) (Dkt.
`549); Trackthings LLC v. Amazon.com Services LLC et al., No. 6:23-cv-133-ADA (W.D. Tex.
`Oct. 11, 2024)(Dkt. 203).
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`Case 1:23-cv-00324-ADA Document 351-9 Filed 12/18/24 Page 4 of 15
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`IT IS VERY IMPORTANT THAT YOU FOLLOW THE INSTRUCTIONS PROVIDED
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`IN THIS VERDICT FORM.
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`READ THEM CAREFULLY AND ENSURE THAT YOUR VERDICT COMPLIES
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`WITH THEM
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`Case 1:23-cv-00324-ADA Document 351-9 Filed 12/18/24 Page 5 of 15
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`We, the jury, unanimously agree to the answers to the following questions and return
`them as our verdict in this case:
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`QUESTION 1: INFRINGEMENT
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`Has Carbyne proven, by a preponderance of the evidence, that Apple has infringed the
`following claims of the Asserted Patents?
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`Answer “Yes” or “No” for each claim.
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`“Yes” is a finding for Carbyne. “No” is a finding for Apple.
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`105 Patent Yes No
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`Claim 1
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`Claim 9
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`Claim 14
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`Claim 35
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`’138 Patent Yes No
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`Claim 1
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`Claim 7
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`Claim 8
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`Claim 25
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`Case 1:23-cv-00324-ADA Document 351-9
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`Filed 12/18/24
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`Page 6 of 15
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`’010 Patent
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`Yes
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`No
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`Claim 1
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`Claim 6
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`Claim 9
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`’656 Patent
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`Yes
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`No
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`Claim 1
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`Claim 8
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`’886 Patent
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`Yes
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`No
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`Claim 1
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`Claim 12
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`Claim 14
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`Proceed to Question No. 2.
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`Case 1:23-cv-00324-ADA Document 351-9 Filed 12/18/24 Page 7 of 15
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`QUESTION 2: INVALIDITY - ANTICIPATION AND OBVIOUSNESS
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`A. Anticipation
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`Has Apple proven, by a clear and convincing evidence, that the following claims of the
`Asserted Patents are invalid as anticipated?
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`Answer “Yes” or “No” for each claim.
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`“Yes” is a finding for Apple. “No” is a finding for Carbyne.
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`105 Patent Yes No
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`Claim 1
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`Claim 9
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`Claim 14
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`Claim 35
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`’138 Patent Yes No
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`Claim 1
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`Claim 7
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`Claim 8
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`Claim 25
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`Case 1:23-cv-00324-ADA Document 351-9 Filed 12/18/24 Page 8 of 15
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`B. Obviousness
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`Has Apple proven, by a clear and convincing evidence, that the following claims of the
`Asserted Patents are invalid as obvious?
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`Answer “Yes” or “No” for each claim.
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`“Yes” is a finding for Apple. “No” is a finding for Carbyne.
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`’105 Patent Yes No
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`Claim 1
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`Claim 9
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`Claim 14
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`Claim 35
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`’138 Patent Yes No
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`Claim 1
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`Claim 7
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`Claim 8
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`Claim 25
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`’010 Patent Yes No
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`Claim 1
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`Claim 6
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`Claim 9
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`Case 1:23-cv-00324-ADA Document 351-9
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`Filed 12/18/24
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`Page 9 of 15
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`’656 Patent
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`Yes
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`No
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`Claim 1
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`Claim 8
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`’886 Patent
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`Yes
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`No
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`Claim 1
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`Claim 12
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`Claim 14
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`Proceed to Question No. 3.
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`Case 1:23-cv-00324-ADA Document 351-9 Filed 12/18/24 Page 10 of 15
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`QUESTION 3: INVALIDITY — WRITTEN DESCRIPTION / ENABLEMENT
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`Has Apple proven, by a clear and convincing evidence, that the following claims of the
`Asserted Patents are invalid for lack of written description and/or lack of enablement?
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`Answer “Yes” or “No” for each claim.
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`“Yes” is a finding for Apple. “No” is a finding for Carbyne.
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`’010 Patent Yes No
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`Claim 1
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`Claim 6
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`Claim 9
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`’656 Patent Yes No
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`Claim 1
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`Claim 8
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`’886 Patent Yes No
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`Claim 1
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`Claim 12
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`Claim 14
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`Case 1:23-cv-00324-ADA Document 351-9 Filed 12/18/24 Page 11 of 15
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`QUESTION 4: WELL-UNDERSTOOD, ROUTINE, AND CONVENTIONAL
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`Has Apple proven, by clear and convincing evidence, that beyond their abstract idea, the following
`claims of the Asserted Patents recite only limitations that were well-understood, routine, and
`conventional as of their priority date?
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`Answer “Yes” or “No” for each claim.
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`“Yes” is a finding for Apple. “No” is a finding for Carbyne.
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`105 Patent Yes No
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`Claim 1
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`Claim 9
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`Claim 14
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`Claim 35
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`’138 Patent Yes No
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`Claim 1
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`Claim 7
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`Claim 8
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`Claim 25
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`Case 1:23-cv-00324-ADA Document 351-9 Filed 12/18/24 Page 12 of 15
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`’010 Patent Yes No
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`Claim 1
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`Claim 6
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`Claim 9
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`’656 Patent Yes No
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`Claim 1
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`Claim 8
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`’886 Patent Yes No
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`Claim 1
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`Claim 12
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`Claim 14
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`Before Proceeding to the next page, please review questions 1-4 above to ensure that all questions
`have been answered unanimously.
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`Case 1:23-cv-00324-ADA Document 351-9 Filed 12/18/24 Page 13 of 15
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`Proceed to Question 5 only if, for at least one Asserted Claim:
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`1. You answered “YES” for that claim in Question 1, AND
`2. You answered “NQO” for the same claim in each of Question 2 AND Question
`3 AND Question 4.
`If instead:
`1. You answered “NO” to all Asserted Claims in Question 1 OR
`2. For every Asserted Claim for which you answered “YES” in Question 1, you
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`also answered “YES” for the same claim in Question 2 OR Question 3 OR
`Question 4,
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`Then DO NOT answer Question 5. Instead, proceed to the FINAL PAGE.
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`Case 1:23-cv-00324-ADA Document 351-9 Filed 12/18/24 Page 14 of 15
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`QUESTION 5: DAMAGES
`A. Damages
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`If you found any Asserted Claim of the patents listed below BOTH infringed AND not
`invalid, what amount of reasonable royalty damages did Carbyne prove, by a preponderance of
`evidence, would compensate Carbyne for Apple’s infringement?
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`1. For the ’105 and/or *138 Patent(s):
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`$
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`2. For the 010, ’656, and/or 886 Patent(s):
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`B. Type of Royalty
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`Are the amounts you found in Question No. 5(A) a running royalty or a one-time lump sum
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`royalty for past and future sales?? Check ONLY one of the following:
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`[ ] Running royalty
`-OR-
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`[ ] One-time lump sum royalty
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`PROCEED TO THE FINAL PAGE OF THE VERDICT FORM.
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`2 Adapted from SVV Technology Innovations Inc. v. Acer Inc., Case No. 6:22-cv-00640, Dkt. No.
`158 (W.D. Tex. June 6, 2024) (Albright, J.).
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`Case 1:23-cv-00324-ADA Document 351-9 Filed 12/18/24 Page 15 of 15
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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. After you are satisfied that your unanimous
`answers are correctly reflected above, your Jury Foreperson should then sign and date this Verdict
`Form in the spaces below. Once that is done, notify the Court Security Officer that you have
`reached a verdict. The Jury Foreperson should retain possession of the verdict form and bring it
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`when the jury is brought back into the courtroom.
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`I certify that the jury unanimously concurs in every element of the above verdict.
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`SIGNED this day of February 2025.
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`JURY FOREPERSON
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