Beruflich Dokumente
Kultur Dokumente
100559 Page 1 of
50
EXHIBIT H
Case 3:17-cv-00108-GPC-MDD Document 884-8 Filed 02/23/19 PageID.100560 Page 2 of
50
19
IN RE: Case No. 3:17-CV-00108-GPC-MDD
20 [Consolidated with Case No. 3:17-CV-01010-
QUALCOMM LITIGATION, GPC-MDD]
21
27
28
Case 3:17-cv-00108-GPC-MDD Document 884-8 Filed 02/23/19 PageID.100561 Page 3 of
50
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
EXHIBIT H: APPLE & CMS’ PROPOSED CASE NO. 3:17-CV-0108-GPC-MDD
VERDICT FORM -1-
Case 3:17-cv-00108-GPC-MDD Document 884-8 Filed 02/23/19 PageID.100562 Page 4 of
50
1 We, the jury in the above-captioned action, find the following verdicts on the
2 questions submitted to us.
3
1 excludes the following defenses that Qualcomm asserts against this claim: statute
2 of limitations, waiver, business justification, ratification, agreement, acquiescence,
3 consent, unwilling licensee and the Illinois Brick doctrine. See Final Pretrial
4 Conference Order § III.
5 Qualcomm notes that unclean hands, estoppel, laches and the Illinois Brick
6 doctrine are defenses that should be decided by the Court rather than the jury. See
7 JIPC Management, Inc. v. Incredible Pizza Co., Inc., No. CV 08-04310 MMM
8 (PLAx), 2009 WL 8591607, at *19 (C.D. Cal. July 14, 2009) (unclean hands); Ill.
9 Tool Works, Inc. v. MOC Prods. Co., Inc., 946 F. Supp. 2d 1042, 1044 (S.D. Cal.
10 2012) (estoppel and laches); Sun Microsystems Inc. v. Hynix Semiconductor Inc.,
11 608 F. Supp. 2d 1166, 1177 (N.D. Cal. 2009) (Illinois Brick). However, if the
12 Court decides that the verdict form should include Apple’s and the CMs’ defenses
13 that will ultimately be decided by the Court, Qualcomm’s defenses also should be
14 included. Qualcomm does not waive its objection that defenses and claims that
15 should be decided by the Court should not be included on the verdict form.
16
25
26
27
28
EXHIBIT H: APPLE & CMS’ PROPOSED CASE NO. 3:17-CV-0108-GPC-MDD
VERDICT FORM -3-
Case 3:17-cv-00108-GPC-MDD Document 884-8 Filed 02/23/19 PageID.100564 Page 6 of
50
1 Question 4: Did Qualcomm prove any of the following affirmative defenses to the
2 CMs’ monopolization claims under Section 2 of the Sherman Act? “Yes” is a
3 finding for Qualcomm. “No” is a finding for the CMs.
4 Estoppel: Yes: _____ No: _____
5 Unclean Hands: Yes: _____ No: _____
6 Laches: Yes: _____ No: _____
7 (CM Count I)
8 QUALCOMM’S OBJECTIONS
9 Qualcomm objects to this question because including affirmative defenses
10 adds needless length and complexity to the verdict form. Nevertheless, if the Court
11 decides to include affirmative defenses, Qualcomm objects that this question
12 excludes the following defenses that Qualcomm asserts against this claim: statute
13 of limitations, waiver, business justification, failure to mitigate, unjust enrichment
14 and offset. See Final Pretrial Conference Order § III.
15 Qualcomm notes that unclean hands, estoppel, laches and offset are defenses
16 that should be decided by the Court rather than the jury. See JIPC Management,
17 Inc., 2009 WL 8591607, at *19 (unclean hands); Ill. Tool Works, 946 F. Supp. 2d at
18 1044 (estoppel and laches); Crasnick v. Marquez, 248 Cal. App. 4th Supp. 1, 6
19 (2016) (offset). However, if the Court decides that the verdict form should include
20 Apple’s and the CMs’ defenses that will ultimately be decided by the Court,
21 Qualcomm’s defenses also should be included. Qualcomm does not waive its
22 objection that defenses and claims that should be decided by the Court should not
23 be included on the verdict form.
24
25 If your answer to Question 3 is “CMs” and your answer to each part of Question 4
26 is “No,” please answer Question 5. Otherwise, please skip to Question 6.
27
28
EXHIBIT H: APPLE & CMS’ PROPOSED CASE NO. 3:17-CV-0108-GPC-MDD
VERDICT FORM -4-
Case 3:17-cv-00108-GPC-MDD Document 884-8 Filed 02/23/19 PageID.100565 Page 7 of
50
1 Question 5: We award the CMs the following antitrust damages for Qualcomm’s
2 violation of Section 2 of the Sherman Act (monopolization):
3 Compal: $_______________________________
4 Foxconn: $_______________________________
5 Pegatron: $_______________________________
6 Wistron: $_______________________________
7 (CM Count I)
8 QUALCOMM’S OBJECTIONS
9 Qualcomm objects to this question because it fails to account for the fact that
10 Apple and the CMs seek the same damages for the same harm under multiple legal
11 theories. Accordingly, this question, when combined with others, may result in
12 duplicative recoveries.
13
17 Question 6: On the CMs’ claims against Qualcomm for tying and/or unreasonable
18 restraint of trade, in violation of Section 1 of the Sherman Act, we find in favor of:
19
25
26
27
28
EXHIBIT H: APPLE & CMS’ PROPOSED CASE NO. 3:17-CV-0108-GPC-MDD
VERDICT FORM -5-
Case 3:17-cv-00108-GPC-MDD Document 884-8 Filed 02/23/19 PageID.100566 Page 8 of
50
1 Question 7: Did Qualcomm prove any of the following affirmative defenses to the
2 CMs’ claims against Qualcomm for tying and/or unreasonable restraint of trade, in
3 violation of Section 1 of the Sherman Act? “Yes” is a finding for Qualcomm.
4 “No” is a finding for the CMs.
5 Estoppel: Yes: _____ No: _____
6 Unclean Hands: Yes: _____ No: _____
7 (CM Count II)
8 QUALCOMM’S OBJECTIONS
9 Qualcomm objects to this question because including affirmative defenses
10 adds needless length and complexity to the verdict form. Nevertheless, if the Court
11 decides to include affirmative defenses, Qualcomm objects that this question
12 excludes the following defenses that Qualcomm asserts against this claim: statute
13 of limitations, laches, waiver, business justification, ratification, agreement,
14 acquiescence, consent, failure to mitigate, unjust enrichment and offset. See Final
15 Pretrial Conference Order § III.
16 Qualcomm notes that unclean hands, estoppel, laches and offset are defenses
17 that should be decided by the Court rather than the jury. See JIPC Management,
18 Inc., 2009 WL 8591607, at *19 (unclean hands); Ill. Tool Works, 946 F. Supp. 2d at
19 1044 (estoppel and laches); Crasnick, 248 Cal. App. 4th Supp. at 6 (offset).
20 However, if the Court decides that the verdict form should include Apple’s and the
21 CMs’ defenses that will ultimately be decided by the Court, Qualcomm’s defenses
22 also should be included. Qualcomm does not waive its objection that defenses and
23 claims that should be decided by the Court should not be included on the verdict
24 form.
25
26 If your answer to Question 6 is “CMs” and your answer to each part of Question 7
27 is “No,” please answer Question 8. Otherwise, please skip to Question 9.
28
EXHIBIT H: APPLE & CMS’ PROPOSED CASE NO. 3:17-CV-0108-GPC-MDD
VERDICT FORM -6-
Case 3:17-cv-00108-GPC-MDD Document 884-8 Filed 02/23/19 PageID.100567 Page 9 of
50
1 Question 8: We award the CMs the following antitrust damages for Qualcomm’s
2 tying and/or unreasonable restraint of trade, in violation of Section 1 of the
3 Sherman Act:
4 Compal: $_______________________________
5 Foxconn: $_______________________________
6 Pegatron: $_______________________________
7 Wistron: $_______________________________
8 (CM Count II)
9 QUALCOMM’S OBJECTIONS
10 Qualcomm objects to this question because it fails to account for the fact that
11 Apple and the CMs seek the same damages for the same harm under multiple legal
12 theories. Accordingly, this question, when combined with others, may result in
13 duplicative recoveries.
14
18 Question 9: On the CMs’ claims against Qualcomm for tying and/or unreasonable
19 restraint of trade, in violation of the California Cartwright Act, we find in favor of:
20 _____ CMs _____ Qualcomm
21 (CM Count III)
22 QUALCOMM’S OBJECTIONS
23 Qualcomm objects to this question because the CMs’ Sherman Act Section 1
24 (Count II) and Cartwright Act claims (Count III) challenge the same alleged
25 conduct and the elements of these claims are the same and thus the answers to
26 Questions 6 and 9 necessarily should be the same. See Cty. of Tuolumne v. Sonora
27 Cmty. Hosp., 236 F.3d 1148, 1160 (9th Cir. 2001). Accordingly, the jury should
28 not be asked separate questions about Counts II and III.
EXHIBIT H: APPLE & CMS’ PROPOSED CASE NO. 3:17-CV-0108-GPC-MDD
VERDICT FORM -7-
Case 3:17-cv-00108-GPC-MDD Document 884-8 Filed 02/23/19 PageID.100568 Page 10 of
50
1 Question 10: Did Qualcomm prove any of the following affirmative defenses to
2 the CMs’ claims that Qualcomm engaged in tying and/or unreasonably restrained
3 trade, in violation of the California Cartwright Act? “Yes” is a finding for
4 Qualcomm. “No” is a finding for the CMs.
5 Estoppel: Yes: _____ No: _____
6 Unclean Hands: Yes: _____ No: _____
7 (CM Count III)
8 QUALCOMM’S OBJECTIONS
9 Qualcomm objects to this question because including affirmative defenses
10 adds needless length and complexity to the verdict form. Nevertheless, if the Court
11 decides to include affirmative defenses, Qualcomm objects that this question
12 excludes the following defenses that Qualcomm asserts against this claim: statute
13 of limitations, laches, waiver, business justification, ratification, agreement,
14 acquiescence, consent, failure to mitigate, unjust enrichment and offset. See Final
15 Pretrial Conference Order § III.
16 Qualcomm notes that unclean hands, estoppel, laches and offset are defenses
17 that should be decided by the Court rather than the jury. See JIPC Management,
18 Inc., 2009 WL 8591607, at *19 (unclean hands); Ill. Tool Works, 946 F. Supp. 2d at
19 1044 (estoppel and laches); Crasnick, 248 Cal. App. 4th Supp. at 6 (offset).
20 However, if the Court decides that the verdict form should include Apple’s and the
21 CMs’ defenses that will ultimately be decided by the Court, Qualcomm’s defenses
22 also should be included. Qualcomm does not waive its objection that defenses and
23 claims that should be decided by the Court should not be included on the verdict
24 form.
25
26 If your answer to Question 9 is “CMs” and your answer to each part of Question
27 10 is “No,” please answer Question 11. Otherwise, please skip to Question 12.
28
EXHIBIT H: APPLE & CMS’ PROPOSED CASE NO. 3:17-CV-0108-GPC-MDD
VERDICT FORM -8-
Case 3:17-cv-00108-GPC-MDD Document 884-8 Filed 02/23/19 PageID.100569 Page 11 of
50
1 Question 11: We award the CMs the following antitrust damages for Qualcomm’s
2 tying and/or unreasonable restraint of trade, in violation of the California
3 Cartwright Act:
4 Compal: $_______________________________
5 Foxconn: $_______________________________
6 Pegatron: $_______________________________
7 Wistron: $_______________________________
8 (CM Count III)
9 QUALCOMM’S OBJECTIONS
10 Qualcomm objects to this question because it fails to account for the fact that
11 Apple and the CMs seek the same damages for the same harm under multiple legal
12 theories. Accordingly, this question, when combined with others, may result in
13 duplicative recoveries.
14 Qualcomm further objects to this question because the CMs’ Sherman Act
15 Section 1 (Count II) and Cartwright Act claims (Count III) challenge the same
16 alleged conduct and the elements of these claims are the same and thus the answers
17 to Questions 6 and 9 necessarily should be the same. See Cty. of Tuolumne, 236
18 F.3d at 1160. Accordingly, the jury should not be asked separate questions about
19 Counts II and III.
20
1 QUALCOMM’S OBJECTIONS
2 Qualcomm objects to the question because it addresses a claim for the Court,
3 not the jury. See U.S. Sec. & Exch. Comm’n v. Jensen, 835 F.3d 1100, 1111 (9th
4 Cir. 2016) (“[T]he right to a jury trial exists only for legal and not equitable claims .
5 . . .”). There is no right to a jury trial for claims brought under the California Unfair
6 Competition Law (“UCL”). See MAP Co. v. Lebanese Arak Corp., No. 2:16-cv-
7 05039-AB-RAO, 2018 WL 3357474, at *2 (C.D. Cal. Feb. 5, 2018) (“[I]t is well-
8 established that there is no right to a jury trial in an action under the UCL.”); Hodge
9 v. Superior Court, 145 Cal. App. 4th 278, 284-85 (2006) (no right to jury trial for
10 UCL claim).
11
12 Question 13: Did Qualcomm prove any of the following affirmative defenses to
13 Apple’s claim that Qualcomm violated California’s Unfair Competition Law?
14 “Yes” is a finding for Qualcomm. “No” is a finding for Apple.
15 Estoppel: Yes: _____ No: _____
16 Unclean Hands: Yes: _____ No: _____
17 Laches: Yes: _____ No: _____
18 (Apple Count LXIII)
19 QUALCOMM’S OBJECTIONS
20 Qualcomm objects to this question because including affirmative defenses
21 adds needless length and complexity to the verdict form. Nevertheless, if the Court
22 decides to include affirmative defenses, Qualcomm objects that this question
23 excludes the following defenses that Qualcomm asserts against this claim: statute
24 of limitations, waiver, business justification, ratification, agreement, acquiescence,
25 consent, failure to mitigate, unjust enrichment, offset and unwilling licensee. See
26 Final Pretrial Conference Order § III.
27 Qualcomm notes that unclean hands, estoppel, laches and offset are defenses
28 that should be decided by the Court rather than the jury. See JIPC Management,
EXHIBIT H: APPLE & CMS’ PROPOSED CASE NO. 3:17-CV-0108-GPC-MDD
VERDICT FORM -10-
Case 3:17-cv-00108-GPC-MDD Document 884-8 Filed 02/23/19 PageID.100571 Page 13 of
50
1 Inc., 2009 WL 8591607, at *19 (unclean hands); Ill. Tool Works, 946 F. Supp. 2d at
2 1044 (estoppel and laches); Crasnick, 248 Cal. App. 4th Supp. at 6 (offset).
3 However, if the Court decides that the verdict form should include Apple’s and the
4 CMs’ defenses that will ultimately be decided by the Court, Qualcomm’s defenses
5 also should be included. Qualcomm does not waive its objection that defenses and
6 claims that should be decided by the Court should not be included on the verdict
7 form.
8 Qualcomm further objects to this question because it addresses a claim for
9 the Court, not the jury. See Jensen, 835 F.3d at 1111. There is no right to a jury
10 trial for claims brought under the UCL. See MAP, 2018 WL 3357474, at *2;
11 Hodge, 145 Cal. App. 4th at 284-85.
12
13 If your answer to Question 12 is “Apple” and your answer to each part of Question
14 13 is “No,” please answer Question 14. Otherwise, please skip to Question 15.
15
19 $_______________________________
20 (Apple Count LXIII)
21 QUALCOMM’S OBJECTIONS
22 Qualcomm objects to this question because it addresses a claim for the Court,
23 not the jury. See Jensen, 835 F.3d at 1111. There is no right to a jury trial for
24 claims brought under the UCL. See MAP, 2018 WL 3357474, at *2; Hodge, 145
25 Cal. App. 4th at 284-85. In addition, the parties agree that restitution is an
26 equitable remedy.
27 Qualcomm further objects to this question because it fails to account for the
28 fact that Apple and the CMs seek the same damages for the same harm under
EXHIBIT H: APPLE & CMS’ PROPOSED CASE NO. 3:17-CV-0108-GPC-MDD
VERDICT FORM -11-
Case 3:17-cv-00108-GPC-MDD Document 884-8 Filed 02/23/19 PageID.100572 Page 14 of
50
1 multiple legal theories. Accordingly, this question, when combined with others,
2 may result in duplicative recoveries.
3
4 Question 15: On the CMs’ claims against Qualcomm for violation of California’s
5 Unfair Competition Law, we find in favor of:
6
15 Question 16: Did Qualcomm prove any of the following affirmative defenses to
16 the CMs’ claims that Qualcomm violated California’s Unfair Competition Law?
17 “Yes” is a finding for Qualcomm. “No” is a finding for the CMs.
18 Estoppel: Yes: _____ No: _____
19 Unclean Hands: Yes: _____ No: _____
20 Laches: Yes: _____ No: _____
21 (CM Count IV)
22 QUALCOMM’S OBJECTIONS
23 Qualcomm objects to this question because including affirmative defenses
24 adds needless length and complexity to the verdict form. Nevertheless, if the Court
25 decides to include affirmative defenses, Qualcomm objects that this question
26 excludes the following defenses that Qualcomm asserts against this claim: statute
27 of limitations, waiver, business justification, ratification, agreement, acquiescence,
28
EXHIBIT H: APPLE & CMS’ PROPOSED CASE NO. 3:17-CV-0108-GPC-MDD
VERDICT FORM -12-
Case 3:17-cv-00108-GPC-MDD Document 884-8 Filed 02/23/19 PageID.100573 Page 15 of
50
1 consent, failure to mitigate, unjust enrichment and offset. See Final Pretrial
2 Conference Order § III.
3 Qualcomm notes that unclean hands, estoppel, laches and offset are defenses
4 that should be decided by the Court rather than the jury. See JIPC Management,
5 Inc., 2009 WL 8591607, at *19 (unclean hands); Ill. Tool Works, 946 F. Supp. 2d at
6 1044 (estoppel and laches); Crasnick, 248 Cal. App. 4th Supp. at 6 (offset).
7 However, if the Court decides that the verdict form should include Apple’s and the
8 CMs’ defenses that will ultimately be decided by the Court, Qualcomm’s defenses
9 also should be included. Qualcomm does not waive its objection that defenses and
10 claims that should be decided by the Court should not be included on the verdict
11 form.
12
13 If your answer to Question 15 is “CMs” and your answer to each part of Question
14 16 is “No,” please answer Question 17. Otherwise, please skip to Question 18.
15
16 Question 17: We award the CMs the following amounts as restitution for
17 Qualcomm’s violation of California’s Unfair Competition Law:
18 Compal: $_______________________________
19 Foxconn: $_______________________________
20 Pegatron: $_______________________________
21 Wistron: $_______________________________
22 (CM Count IV)
23 QUALCOMM’S OBJECTIONS
24 Qualcomm objects to the question because it addresses a claim for the Court,
25 not the jury. See Jensen, 835 F.3d at 1111. There is no right to a jury trial for
26 claims brought under the UCL. See MAP, 2018 WL 3357474, at *2; Hodge, 145
27 Cal. App. 4th at 284-85. In addition, the parties agree that that restitution is an
28 equitable remedy.
EXHIBIT H: APPLE & CMS’ PROPOSED CASE NO. 3:17-CV-0108-GPC-MDD
VERDICT FORM -13-
Case 3:17-cv-00108-GPC-MDD Document 884-8 Filed 02/23/19 PageID.100574 Page 16 of
50
1 Qualcomm further objects to this question because it fails to account for the
2 fact that Apple and the CMs seek the same damages for the same harm under
3 multiple legal theories. Accordingly, this question, when combined with others,
4 may result in duplicative recoveries.
5
8 Question 18: On the CMs’ claims that Qualcomm breached its FRAND
9 commitments to license its standard essential patents on “fair, reasonable and
10 nondiscriminatory” (“FRAND”) terms, we find in favor of:
11
6 Question 19: Did Qualcomm prove any of the following affirmative defenses to
7 the CMs’ claims that Qualcomm breached its FRAND commitments? “Yes” is a
8 finding for Qualcomm. “No” is a finding for the CMs.
9 Ratification: Yes: _____ No: _____
10 Waiver: Yes: _____ No: _____
11 Unclean Hands: Yes: _____ No: _____
12 (CM Counts V, VI, VIII, IX)
13 QUALCOMM’S OBJECTIONS
14 Qualcomm objects to this question because including affirmative defenses
15 adds needless length and complexity to the verdict form. Nevertheless, if the Court
16 decides to include affirmative defenses, Qualcomm objects that this question
17 excludes the following defenses that Qualcomm asserts against these claims:
18 statute of limitations, laches, estoppel, failure to mitigate, unjust enrichment and
19 offset. See Final Pretrial Conference Order § III.
20 Qualcomm notes that unclean hands, estoppel, laches and offset are defenses
21 that should be decided by the Court rather than the jury. See JIPC Management,
22 Inc., 2009 WL 8591607, at *19 (unclean hands); Ill. Tool Works, 946 F. Supp. 2d at
23 1044 (estoppel and laches); Crasnick, 248 Cal. App. 4th Supp. at 6 (offset).
24 However, if the Court decides that the verdict form should include Apple’s and the
25 CMs’ defenses that will ultimately be decided by the Court, Qualcomm’s defenses
26 also should be included. Qualcomm does not waive its objection that defenses and
27 claims that should be decided by the Court should not be included on the verdict
28 form.
EXHIBIT H: APPLE & CMS’ PROPOSED CASE NO. 3:17-CV-0108-GPC-MDD
VERDICT FORM -15-
Case 3:17-cv-00108-GPC-MDD Document 884-8 Filed 02/23/19 PageID.100576 Page 18 of
50
28
EXHIBIT H: APPLE & CMS’ PROPOSED CASE NO. 3:17-CV-0108-GPC-MDD
VERDICT FORM -16-
Case 3:17-cv-00108-GPC-MDD Document 884-8 Filed 02/23/19 PageID.100577 Page 19 of
50
1 Question 21: Did Qualcomm prove any of the following affirmative defenses to
2 the CMs’ claims that Qualcomm’s promises to standard-setting organizations
3 should be enforced in light of the CMs’ reasonable and foreseeable reliance upon
4 such promises? “Yes” is a finding for Qualcomm. “No” is a finding for the
5 CMs.
6 Ratification: Yes: _____ No: _____
7 Waiver: Yes: _____ No: _____
8 Unclean Hands: Yes: _____ No: _____
9 (CM Count VII)
10 QUALCOMM’S OBJECTIONS
11 Qualcomm objects to this question because including affirmative defenses
12 adds needless length and complexity to the verdict form. Nevertheless, if the Court
13 decides to include affirmative defenses, Qualcomm objects that this question
14 excludes the following defenses that Qualcomm asserts against this claim: statute
15 of limitations, laches, estoppel, failure to mitigate, unjust enrichment and offset.
16 See Final Pretrial Conference Order § III.
17 Qualcomm notes that unclean hands, estoppel, laches and offset are defenses
18 that should be decided by the Court rather than the jury. See JIPC Management,
19 Inc., 2009 WL 8591607, at *19 (unclean hands); Ill. Tool Works, 946 F. Supp. 2d at
20 1044 (estoppel and laches); Crasnick, 248 Cal. App. 4th Supp. at 6 (offset).
21 However, if the Court decides that the verdict form should include Apple’s and the
22 CMs’ defenses that will ultimately be decided by the Court, Qualcomm’s defenses
23 also should be included. Qualcomm does not waive its objection that defenses and
24 claims that should be decided by the Court should not be included on the verdict
25 form.
26 Qualcomm further objects to the question because it is argumentative. See
27 Frank Briscoe, 857 F.2d at 614; Paramount Film Distrib. Corp, 217 F.2d at 123.
28
EXHIBIT H: APPLE & CMS’ PROPOSED CASE NO. 3:17-CV-0108-GPC-MDD
VERDICT FORM -17-
Case 3:17-cv-00108-GPC-MDD Document 884-8 Filed 02/23/19 PageID.100578 Page 20 of
50
1 The phrase “in light of the CMs’ reasonable and foreseeable reliance upon such
2 promises” adopts the CMs’ position and is prejudicial to Qualcomm.
3
4 Question 22: On the CMs’ claims against Qualcomm for Qualcomm’s negligent
5 misrepresentation, we find in favor of:
6
1 Question 23: Did Qualcomm prove any of the following affirmative defenses to
2 the CMs’ claims against Qualcomm for negligent misrepresentation? “Yes” is a
3 finding for Qualcomm. “No” is a finding for the CMs.
4 Ratification: Yes: _____ No: _____
5 Waiver: Yes: _____ No: _____
6 Unclean Hands: Yes: _____ No: _____
7 (CM Count X)
8 QUALCOMM’S OBJECTIONS
9 Qualcomm objects to this question because including affirmative defenses
10 adds needless length and complexity to the verdict form. Nevertheless, if the Court
11 decides to include affirmative defenses, Qualcomm objects that this question
12 excludes the following defenses that Qualcomm asserts against this claim: statute
13 of limitations, laches, estoppel, failure to mitigate, unjust enrichment and offset.
14 See Final Pretrial Conference Order § III.
15 Qualcomm notes that unclean hands, estoppel, laches and offset are defenses
16 that should be decided by the Court rather than the jury. See JIPC Management,
17 Inc., 2009 WL 8591607, at *19 (unclean hands); Ill. Tool Works, 946 F. Supp. 2d at
18 1044 (estoppel and laches); Crasnick, 248 Cal. App. 4th Supp. at 6 (offset).
19 However, if the Court decides that the verdict form should include Apple’s and the
20 CMs’ defenses that will ultimately be decided by the Court, Qualcomm’s defenses
21 also should be included. Qualcomm does not waive its objection that defenses and
22 claims that should be decided by the Court should not be included on the verdict
23 form.
24
25 If (1) your answer to Question 18 is “CMs” and your answer to each part of
26 Question 19 is “No,” or (2) your answer to Question 20 is “CMs” and your answer
27 to each part of Question 21 is “No,” or (3) your answer to Question 22 is “CMs”
28
EXHIBIT H: APPLE & CMS’ PROPOSED CASE NO. 3:17-CV-0108-GPC-MDD
VERDICT FORM -19-
Case 3:17-cv-00108-GPC-MDD Document 884-8 Filed 02/23/19 PageID.100580 Page 22 of
50
1 and your answer to each part of Question 23 is “No,” please answer Question 24.
2 Otherwise, please skip to Question 25.
3
4 Question 24: We award the CMs the following damages for Qualcomm’s breach
5 of its FRAND commitments, the harm caused by the CMs’ reliance on
6 Qualcomm’s promises to standard-setting organizations, and/or for Qualcomm’s
7 negligent misrepresentation:
8 Compal: $_______________________________
9 Foxconn: $_______________________________
10 Pegatron: $_______________________________
11 Wistron: $_______________________________
12 (CM Counts V, VI, VII, VIII, IX, X)
13 QUALCOMM’S OBJECTIONS
14 Qualcomm objects to this question because it fails to account for the fact that
15 Apple and the CMs seek the same damages for the same harm under multiple legal
16 theories. Accordingly, this question, when combined with others, may result in
17 duplicative recoveries.
18 Qualcomm further objects to this question for the reasons stated in its
19 objections to the previous questions.
20
21 Question 25: On Qualcomm’s claim against Apple that its SULAs with the CMs
22 do not violate Qualcomm’s FRAND commitments to ETSI, we find in favor of:
23
1 Question 26: Did Apple prove any of the following affirmative defenses to
2 Qualcomm’s claim that its SULAs with the CMs do not violate Qualcomm’s
3 FRAND commitments to ETSI? “Yes” is a finding for Apple. “No” is a finding
4 for Qualcomm.
5 Unlawful and/or Unenforceable: Yes: _____ No: _____
6 Violation of SSO IPR Policy: Yes: _____ No: _____
7 Unconscionable: Yes: _____ No: _____
8 Unclean Hands: Yes: _____ No: _____
9 (Qualcomm Count II against Apple)
10 QUALCOMM’S OBJECTIONS
11 Qualcomm objects to this question because including affirmative defenses
12 adds needless length and complexity to the verdict form.
13 Qualcomm further objects to this question because it addresses defenses for
14 the Court, not the jury. See Jensen, 835 F.3d at 1111. The Court should decide
15 whether a contract is unenforceable or unlawful, whether a contract is
16 unconscionable and the defense of unclean hands. See Erhart v. BofI Holding, Inc.,
17 No. 15-cv-02287-BAS-NLS, 2017 WL 588390, at *6 (S.D. Cal. Feb. 14, 2017)
18 (unenforceability and unlawfulness); De La Torre v. CashCall, Inc., 5 Cal. 5th 966,
19 973 (Cal. 2018) (unconscionability); JIPC Management, Inc., 2009 WL 8591607,
20 at *19 (unclean hands).
21 Qualcomm further objects to this question because Apple waived the
22 purported defense of “Violation of SSO IPR Policy” by failing to plead it in its
23 answer to Qualcomm’s counterclaims. See Jorst v. D’Ambrosio Bros. Inv. Co., No.
24 C 00-03646 CRB, 2001 WL 969039, at *9 (N.D. Cal. Aug. 13, 2001) (“A
25 defendant waives an affirmative defense where the defendant fails to plead that
26 defense in its answer.”); Quantification Settlement Agreement Cases, 201 Cal. App.
27 4th 758, 813 (2011) (“A party who fails to plead affirmative defenses waives
28 them.”) (internal citations omitted).
EXHIBIT H: APPLE & CMS’ PROPOSED CASE NO. 3:17-CV-0108-GPC-MDD
VERDICT FORM -21-
Case 3:17-cv-00108-GPC-MDD Document 884-8 Filed 02/23/19 PageID.100582 Page 24 of
50
3 Question 27: On Qualcomm’s claim that Qualcomm satisfied and discharged its
4 FRAND commitments to ETSI with respect to Apple, we find in favor of:
5
11 Question 28: Did Apple prove any of the following affirmative defenses to
12 Qualcomm’s claim that it satisfied and discharged its FRAND commitments to
13 ETSI with respect to Apple? “Yes” is a finding for Apple. “No” is a finding for
14 Qualcomm.
15 Violation of SSO IPR Policy: Yes: _____ No: _____
16
17 Unclean
18 Hands:
19 Yes: _____
20 No: _____
21 (Qualcomm Count IV against Apple)
22 QUALCOMM’S OBJECTIONS
23 Qualcomm objects to this question because including affirmative defenses
24 adds needless length and complexity to the verdict form.
25 Qualcomm further objects to this question because unclean hands is a
26 defense for the Court, not the jury. See Jensen, 835 F.3d at 1111; JIPC
27 Management, Inc., 2009 WL 8591607, at *19.
28
EXHIBIT H: APPLE & CMS’ PROPOSED CASE NO. 3:17-CV-0108-GPC-MDD
VERDICT FORM -22-
Case 3:17-cv-00108-GPC-MDD Document 884-8 Filed 02/23/19 PageID.100583 Page 25 of
50
8 Question 29: On Apple and the CMs’ claims that the SULAs between Qualcomm
9 and the CMs are unenforceable as against public policy, we find in favor of:
10
18 Question 30: Did Qualcomm prove any of the following affirmative defenses to
19 Apple and the CMs’ claims that the SULAs between Qualcomm and the CMs are
20 unenforceable as against public policy? “Yes” is a finding for Qualcomm. “No”
21 is a finding for Apple and the CMs.
22 Estoppel: Yes: _____ No: _____
23 Laches: Yes: _____ No: _____
24 Unclean Hands: Yes: _____ No: _____
25 (Apple Count LXI, CM Count XII)
26 QUALCOMM’S OBJECTIONS
27 Qualcomm objects to this question because including affirmative defenses
28 adds needless length and complexity to the verdict form. Nevertheless, if the Court
EXHIBIT H: APPLE & CMS’ PROPOSED CASE NO. 3:17-CV-0108-GPC-MDD
VERDICT FORM -23-
Case 3:17-cv-00108-GPC-MDD Document 884-8 Filed 02/23/19 PageID.100584 Page 26 of
50
17 If your answer to Question 29 is “Apple and CMs” and your answer to each part of
18 Question 30 is “No,” please answer Question 31. Otherwise, please skip to
19 Question 32.
20
21 Question 31: We award Apple the following amount as restitution for amounts
22 Apple paid pursuant to SULAs between Qualcomm and the CMs for patents that
23 were exhausted:
24 $_______________________________
25 (Apple Count LXI)
26 QUALCOMM’S OBJECTION
27
28
EXHIBIT H: APPLE & CMS’ PROPOSED CASE NO. 3:17-CV-0108-GPC-MDD
VERDICT FORM -24-
Case 3:17-cv-00108-GPC-MDD Document 884-8 Filed 02/23/19 PageID.100585 Page 27 of
50
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
EXHIBIT H: APPLE & CMS’ PROPOSED CASE NO. 3:17-CV-0108-GPC-MDD
VERDICT FORM -25-
Case 3:17-cv-00108-GPC-MDD Document 884-8 Filed 02/23/19 PageID.100586 Page 28 of
50
1 Question 32: On Qualcomm’s claim against Apple that the SULAs between
2 Qualcomm and the CMs do not violate Section 2 of the Sherman Act or
3 California’s Unfair Competition Law, we find in favor of:
4
13 Question 33: On the CMs’ claims against Qualcomm for breach of the SULAs
14 between Qualcomm and the CMs, we find in favor of:
15 _____ Compal _____ Qualcomm
16 _____ Foxconn _____ Qualcomm
17 _____ Pegatron _____ Qualcomm
18 _____ Wistron _____ Qualcomm
19 (CM Count XI)
20 QUALCOMM’S OBJECTIONS
21 Qualcomm objects to this question because it could lead the jury to return an
22 inconsistent verdict. See, e.g., Guidry v. Kem Mfg. Co., 598 F.2d 402, 405-06 (5th
23 Cir. 1979) (the verdict form’s “successful use requires the careful attention of
24 counsel for all parties as well as of the court to be certain that the questions are
25 framed to avoid the possibility of inconsistent answers”). Qualcomm and the CMs
26 each claim that the other party breached the SULAs and the jury should decide the
27 parties’ respective claims together. The verdict form should pose one question
28
EXHIBIT H: APPLE & CMS’ PROPOSED CASE NO. 3:17-CV-0108-GPC-MDD
VERDICT FORM -26-
Case 3:17-cv-00108-GPC-MDD Document 884-8 Filed 02/23/19 PageID.100587 Page 29 of
50
1 asking the jury whether it finds for Qualcomm or the CMs on their claims against
2 each other for breach of the SULAs. (See Qualcomm Proposed Question 1.)
3
4 Question 34: Did Qualcomm prove any of the following affirmative defenses to
5 the CMs’ claims that Qualcomm breached the SULAs between Qualcomm and the
6 CMs? “Yes” is a finding for Qualcomm. “No” is a finding for the CMs.
7 Waiver: Yes: _____ No: _____
8 Ratification: Yes: _____ No: _____
9 Unclean Hands: Yes: _____ No: _____
10 (CM Count XI)
11 QUALCOMM’S OBJECTIONS
12 Qualcomm objects to this question because including affirmative defenses
13 adds needless length and complexity to the verdict form. Nevertheless, if the Court
14 decides to include affirmative defenses, Qualcomm objects that this question
15 excludes the following defenses that Qualcomm asserts against this claim: statute
16 of limitations, laches, estoppel, failure to mitigate, unjust enrichment and offset.
17 See Final Pretrial Conference Order § III.
18 Qualcomm notes that unclean hands, estoppel, laches and offset are defenses
19 that should be decided by the Court rather than the jury. See JIPC Management,
20 Inc., 2009 WL 8591607, at *19 (unclean hands); Ill. Tool Works, 946 F. Supp. 2d at
21 1044 (estoppel and laches); Crasnick, 248 Cal. App. 4th Supp. at 6 (offset).
22 However, if the Court decides that the verdict form should include Apple’s and the
23 CMs’ defenses that will ultimately be decided by the Court, Qualcomm’s defenses
24 also should be included. Qualcomm does not waive its objection that defenses and
25 claims that should be decided by the Court should not be included on the verdict
26 form.
27
28
EXHIBIT H: APPLE & CMS’ PROPOSED CASE NO. 3:17-CV-0108-GPC-MDD
VERDICT FORM -27-
Case 3:17-cv-00108-GPC-MDD Document 884-8 Filed 02/23/19 PageID.100588 Page 30 of
50
1 If your answer to Question 33 is for any of the CMs and your answer to each part
2 of Question 34 is “No,” please answer Question 35. Otherwise, please skip to
3 Question 36.
4
5 Question 35: We award the CMs the following damages for Qualcomm’s breach
6 of the SULAs between Qualcomm and the CMs:
7 Compal: $_______________________________
8 Foxconn: $_______________________________
9 Pegatron: $_______________________________
10 Wistron: $_______________________________
11 (CM Count XII)
12 QUALCOMM’S OBJECTIONS
13 Qualcomm objects to this question because it addresses an issue for the
14 Court, not the jury. See Jensen, 835 F.3d at 1111. The monetary relief sought by
15 CM Count XII is restitution and the parties agree that restitution is an equitable
16 remedy.
17 Qualcomm further objects to this question because it fails to account for the
18 fact that Apple and the CMs seek the same damages for the same harm under
19 multiple legal theories. Accordingly, this question, when combined with others,
20 may result in duplicative recoveries.
21
22 Question 36: On Qualcomm’s claims against the CMs for breach of the SULAs
23 between Qualcomm and the CMs, we find in favor of:
24 _____ Compal _____ Qualcomm
25 _____ Foxconn _____ Qualcomm
26 _____ Pegatron _____ Qualcomm
27 _____ Wistron _____ Qualcomm
28 (Qualcomm Counts I, III, V, VII and IX against CMs)
EXHIBIT H: APPLE & CMS’ PROPOSED CASE NO. 3:17-CV-0108-GPC-MDD
VERDICT FORM -28-
Case 3:17-cv-00108-GPC-MDD Document 884-8 Filed 02/23/19 PageID.100589 Page 31 of
50
1 QUALCOMM’S OBJECTIONS
2 Qualcomm objects to this question because it could lead the jury to return an
3 inconsistent verdict. See, e.g., Guidry, 598 F.2d at 405-06. Qualcomm and the
4 CMs each claim that the other party breached the SULAs and the jury should
5 decide the parties’ respective claims together. The verdict form should pose one
6 question asking the jury whether it finds for Qualcomm or the CMs on their claims
7 against each other for breach of the SULAs. (See Qualcomm Proposed Question 1.)
8
9 Question 37: Did the CMs prove any of the following affirmative defenses to
10 Qualcomm’s claims that the CMs breached the SULAs between Qualcomm and the
11 CMs? “Yes” is a finding for the CMs. “No” is a finding for Qualcomm.
12 Unlawful and/or Unenforceable: Yes: _____ No: _____
13 Unconscionable: Yes: _____ No: _____
14 Unclean Hands: Yes: _____ No: _____
15 Estoppel: Yes: _____ No: _____
16 Waiver: Yes: _____ No: _____
17 Excuse: Yes: _____ No: _____
18 Ratification: Yes: _____ No: _____
19 Acquiescence: Yes: _____ No: _____
20 Consent: Yes: _____ No: _____
21 Unreasonable Liquidated Damages: Yes: _____ No: _____
22 Laches: Yes: _____ No: _____
23 Violation of SSO IPR Policy: Yes: _____ No: _____
24 (Qualcomm Counts I, III, V, VII and IX against CMs)
25 QUALCOMM’S OBJECTIONS
26 Qualcomm objects to this question because including affirmative defenses
27 adds needless length and complexity to the verdict form.
28
EXHIBIT H: APPLE & CMS’ PROPOSED CASE NO. 3:17-CV-0108-GPC-MDD
VERDICT FORM -29-
Case 3:17-cv-00108-GPC-MDD Document 884-8 Filed 02/23/19 PageID.100590 Page 32 of
50
12 If your answer to Question 36 is for Qualcomm and your answer to each part of
13 Question 37 is “No,” please answer Question 38. Otherwise, please skip to
14 Question 39.
15
16 Question 38: We award Qualcomm the following damages for the Contract
17 Manufacturers’’ breach of the SULAs between Qualcomm and the CMs:
18 Against Compal: $_______________________________
19 Against Foxconn: $_______________________________
20 Against Pegatron: $_______________________________
21 Against Wistron: $_______________________________
22 (Qualcomm Counts I, III, V, VII against CMs)
23 QUALCOMM’S OBJECTIONS
24 No objection.
25
26
27
28
EXHIBIT H: APPLE & CMS’ PROPOSED CASE NO. 3:17-CV-0108-GPC-MDD
VERDICT FORM -30-
Case 3:17-cv-00108-GPC-MDD Document 884-8 Filed 02/23/19 PageID.100591 Page 33 of
50
4 Question 39: On Qualcomm’s claims against the CMs for breach of the MSAs
5 between Qualcomm and the CMs, we find in favor of:
6 _____ Compal _____ Qualcomm
7 _____ Foxconn _____ Qualcomm
8 _____ Pegatron _____ Qualcomm
9 _____ Wistron _____ Qualcomm
10 (Qualcomm Counts II, IV, VI, VIII, and IX against CMs)
11 QUALCOMM’S OBJECTIONS
12 No objection.
13
14 Question 40: Did the CMs prove any of the following affirmative defenses to
15 Qualcomm’s claims that the CMs breached the MSAs between Qualcomm and the
16 CMs? “Yes” is a finding for the CMs. “No” is a finding for Qualcomm.
17 Unlawful and/or Unenforceable: Yes: _____ No: _____
18 Unconscionable: Yes: _____ No: _____
19 Unclean Hands: Yes: _____ No: _____
20 Estoppel: Yes: _____ No: _____
21 Waiver: Yes: _____ No: _____
22 Excuse: Yes: _____ No: _____
23 Ratification Yes: _____ No: _____
24 Acquiescence Yes: _____ No: _____
25 Consent: Yes: _____ No: _____
26 Laches: Yes: _____ No: _____
27 Violation of SSO IPR Policy: Yes: _____ No: _____
28 (Qualcomm Counts II, IV, VI, VIII, and IX against CMs)
EXHIBIT H: APPLE & CMS’ PROPOSED CASE NO. 3:17-CV-0108-GPC-MDD
VERDICT FORM -31-
Case 3:17-cv-00108-GPC-MDD Document 884-8 Filed 02/23/19 PageID.100592 Page 34 of
50
1 QUALCOMM’S OBJECTIONS
2 Qualcomm objects to this question because including affirmative defenses
3 adds needless length and complexity to the verdict form.
4 Qualcomm further objects to this question because it addresses defenses for
5 the Court, not the jury. See Jensen, 835 F.3d at 1111; Erhart, 2017 WL 588390, at
6 *6 (unenforceability and unlawfulness); JIPC Management, Inc., 2009 WL
7 8591607, at *19 (unclean hands); Ill. Tool Works, 946 F. Supp. 2d at 1044 (estoppel
8 and laches); De La Torre, 5 Cal. 5th at 973 (unconscionability).
9
10 If your answer to Question 39 is for Qualcomm and your answer to each part of
11 Question 40 is “No,” please answer Question 41. Otherwise, please skip to
12 Question 42.
13
14 Question 41: We award Qualcomm the following damages for the CMs’ breach of
15 the MSAs between Qualcomm and the CMs:
16 Against Compal: $_______________________________
17 Against Foxconn: $_______________________________
18 Against Pegatron: $_______________________________
19 Against Wistron: $_______________________________
20 (Qualcomm Counts II, IV, VI, VIII against CMs)
21 QUALCOMM’S OBJECTIONS
22 No objection.
23
24
25
26
27
28
EXHIBIT H: APPLE & CMS’ PROPOSED CASE NO. 3:17-CV-0108-GPC-MDD
VERDICT FORM -32-
Case 3:17-cv-00108-GPC-MDD Document 884-8 Filed 02/23/19 PageID.100593 Page 35 of
50
3 Question 42: On Apple’s claim against Qualcomm for breach of the Business
4 Cooperation and Patent Agreement (“BCPA”), we find in favor of:
5
16 Question 43: Did Qualcomm prove any of the following affirmative defenses to
17 Apple’s claim that Qualcomm breached the BCPA? “Yes” is a finding for
18 Qualcomm. “No” is a finding for Apple.
19 Ratification: Yes: _____ No: _____
20 Mistake: Yes: _____ No: _____
21 Estoppel: Yes: _____ No: _____
22 Unclean Hands: Yes: _____ No: _____
23 (Apple Counts I, II, IV)
24 QUALCOMM’S OBJECTIONS
25 Qualcomm objects to this question because including affirmative defenses
26 adds needless length and complexity to the verdict form. Nevertheless, if the Court
27 decides to include affirmative defenses, Qualcomm objects that this question
28 excludes the following defenses that Qualcomm asserts against these claims:
EXHIBIT H: APPLE & CMS’ PROPOSED CASE NO. 3:17-CV-0108-GPC-MDD
VERDICT FORM -33-
Case 3:17-cv-00108-GPC-MDD Document 884-8 Filed 02/23/19 PageID.100594 Page 36 of
50
1 waiver, excuse, failure to mitigate, unjust enrichment and offset. See Final Pretrial
2 Conference Order § III.
3 Qualcomm notes that unclean hands, estoppel, laches and offset are defenses
4 that should be decided by the Court rather than the jury. See JIPC Management,
5 Inc., 2009 WL 8591607, at *19 (unclean hands); Ill. Tool Works, 946 F. Supp. 2d at
6 1044 (estoppel and laches); Crasnick, 248 Cal. App. 4th Supp. at 6 (offset).
7 However, if the Court decides that the verdict form should include Apple’s and the
8 CMs’ defenses that will ultimately be decided by the Court, Qualcomm’s defenses
9 also should be included. Qualcomm does not waive its objection that defenses and
10 claims that should be decided by the Court should not be included on the verdict
11 form.
12
13 If your answer to Question 42 is “Apple” and your answer to each part of Question
14 43 is “No,” please answer Question 44. Otherwise, please skip to Question 45.
15
16 Question 44: We award Apple the following damages for Qualcomm’s breach of
17 the BCPA:
18 $_______________________________
19 (Apple Counts I, II)
20 QUALCOMM’S OBJECTIONS
21 No objection.
22
23 Question 45: On Qualcomm’s claim against Apple for breach of the Business
24 Cooperation and Patent Agreement (“BCPA”), we find in favor of:
25
1 Qualcomm objects to this question because it could lead the jury to return an
2 inconsistent verdict. See, e.g., Guidry, 598 F.2d at 405-06. Apple and Qualcomm
3 each claim that the other party breached the BCPA and the jury should decide the
4 parties’ respective claims together.
5 Qualcomm further objects to this question because it is repetitive. See Gill v.
6 Manuel, 488 F.2d 799, 802 (9th Cir. 1973). The question calls on the jury to decide
7 whether Apple breached the BCPA, which is addressed in whole or in part in
8 Questions 42 and 43. The verdict form should pose one question asking the jury
9 whether it finds for Qualcomm or Apple on their claims against each other for
10 breach of the BCPA. (See Qualcomm Proposed Question 7.)
11
12 Question 46: Did Apple prove any of the following affirmative defenses to
13 Qualcomm’s claim that Apple breached the BCPA? “Yes” is a finding for Apple.
14 “No” is a finding for Qualcomm.
15 Unlawful and/or Unenforceable: Yes: _____ No: _____
16 Unclean Hands: Yes: _____ No: _____
17 Section 47(b) Privilege: Yes: _____ No: _____
18 Unreasonable Liquidated Damages: Yes: _____ No: _____
19 Estoppel: Yes: _____ No: _____
20 Waiver: Yes: _____ No: _____
21 Ratification: Yes: _____ No: _____
22 Acquiescence: Yes: _____ No: _____
23 Consent: Yes: _____ No: _____
24 Laches: Yes: _____ No: _____
25 (Qualcomm Counts VI, VII, and IX against Apple)
26 QUALCOMM’S OBJECTIONS
27 Qualcomm objects to this question because including affirmative defenses
28 adds needless length and complexity to the verdict form.
EXHIBIT H: APPLE & CMS’ PROPOSED CASE NO. 3:17-CV-0108-GPC-MDD
VERDICT FORM -35-
Case 3:17-cv-00108-GPC-MDD Document 884-8 Filed 02/23/19 PageID.100596 Page 38 of
50
19 Question 47: We award Qualcomm the following damages for Apple’s breach of
20 the BCPA:
21 $_______________________________
22 (Qualcomm Counts VI, VII, and IX against Apple)
23 QUALCOMM’S OBJECTIONS
24 No objection.
25
26
27
28
EXHIBIT H: APPLE & CMS’ PROPOSED CASE NO. 3:17-CV-0108-GPC-MDD
VERDICT FORM -36-
Case 3:17-cv-00108-GPC-MDD Document 884-8 Filed 02/23/19 PageID.100597 Page 39 of
50
1 Question 48: Did Apple prove that the liquidated damages provision in Section 7
2 of the BCPA, as interpreted by Qualcomm, was unreasonable under the
3 circumstances at the time the contract was made? “Yes” is a finding for Apple.
4 “No” is a finding for Qualcomm.
5
14 Question 49: Did Apple prove that if Qualcomm’s interpretation of the BCPA is
15 given effect, that interpretation would render Section 7 unenforceable as against
16 public policy? “Yes” is a finding for Apple. “No” is a finding for Qualcomm.
17
25
26
27
28
EXHIBIT H: APPLE & CMS’ PROPOSED CASE NO. 3:17-CV-0108-GPC-MDD
VERDICT FORM -37-
Case 3:17-cv-00108-GPC-MDD Document 884-8 Filed 02/23/19 PageID.100598 Page 40 of
50
1 Question 50: On Qualcomm’s claim against Apple for unjust enrichment, did
2 Qualcomm prove that the BCPA was not a contract and that Apple was unjustly
3 enriched by payments from Qualcomm under the BCPA?
4
14 Question 51: Did Apple prove any of the following affirmative defenses to
15 Qualcomm’s claim for unjust enrichment under the BCPA? “Yes” is a finding for
16 Apple. “No” is a finding for Qualcomm.
17 Unlawful: Yes: _____ No: _____
18 Unclean Hands: Yes: _____ No: _____
19 Section 47(b) Privilege: Yes: _____ No: _____
20 Waiver: Yes: _____ No: _____
21 Acquiescence: Yes: _____ No: _____
22 Consent: Yes: _____ No: _____
23 Estoppel: Yes: _____ No: _____
24 Laches: Yes: _____ No: _____
25 (Qualcomm Count VIII against Apple)
26 QUALCOMM’S OBJECTIONS
27 Qualcomm objects to this question because including affirmative defenses
28 adds needless length and complexity to the verdict form.
EXHIBIT H: APPLE & CMS’ PROPOSED CASE NO. 3:17-CV-0108-GPC-MDD
VERDICT FORM -38-
Case 3:17-cv-00108-GPC-MDD Document 884-8 Filed 02/23/19 PageID.100599 Page 41 of
50
11 Question 52: We award Qualcomm the following amount on its unjust enrichment
12 claim against Apple under the BCPA:
13
14 $_______________________________
15 (Qualcomm Count VIII)
16 QUALCOMM’S OBJECTIONS
17 No objection.
18
21 Question 53: On Qualcomm’s claim against Apple for breach of the 2013
22 Statement of Work, we find in favor of:
23
1 Question 54: Did Apple prove any of the following affirmative defenses to
2 Qualcomm’s claim for breach of the 2013 Statement of Work? “Yes” is a finding
3 for Apple. “No” is a finding for Qualcomm.
4 Estoppel: Yes: _____ No: _____
5 Acquiescence: Yes: _____ No: _____
6 Consent: Yes: _____ No: _____
7 (Qualcomm Count V against Apple)
8 QUALCOMM’S OBJECTIONS
9 Qualcomm objects to this question because including affirmative defenses
10 adds needless length and complexity to the verdict form.
11 Qualcomm further objects to this question because estoppel is a defense for
12 the Court, not the jury. See Jensen, 835 F.3d at 1111; Ill. Tool Works, 946 F. Supp.
13 2d at 1044.
14
19 Question 55: We award Qualcomm the following damages for Apple’s breach of
20 the 2013 Statement of Work:
21
22 $_______________________________
23 (Qualcomm Count V against Apple)
24 QUALCOMM’S OBJECTIONS
25 No objection.
26
27
28
EXHIBIT H: APPLE & CMS’ PROPOSED CASE NO. 3:17-CV-0108-GPC-MDD
VERDICT FORM -40-
Case 3:17-cv-00108-GPC-MDD Document 884-8 Filed 02/23/19 PageID.100601 Page 43 of
50
3 Question 56: On Qualcomm’s claim against Apple for tortious interference with
4 the SULAs between Qualcomm and the CMs, we find in favor of:
5 Compal SULA: _____ Apple _____ Qualcomm
6 Foxconn SULA: _____ Apple _____ Qualcomm
7 Pegatron SULA: _____ Apple _____ Qualcomm
8 Wistron SULA: _____ Apple _____ Qualcomm
9 (Qualcomm Count I against Apple)
10 QUALCOMM’S OBJECTIONS
11 No objection.
12
13 Question 57: Did Apple prove any of the following affirmative defenses to
14 Qualcomm’s claim that Apple tortiously interfered with the SULAs between
15 Qualcomm and the CMs? “Yes” is a finding for Apple. “No” is a finding for
16 Qualcomm.
17 Justification: Yes: _____ No: _____
18 Unlawful and/or Unenforceable: Yes: _____ No: _____
19 Unconscionable: Yes: _____ No: _____
20 Unclean Hands: Yes: _____ No: _____
21 Estoppel: Yes: _____ No: _____
22 Waiver: Yes: _____ No: _____
23 Consent: Yes: _____ No: _____
24 Ratification: Yes: _____ No: _____
25 Acquiescence: Yes: _____ No: _____
26 Excuse: Yes: _____ No: _____
27 Laches: Yes: _____ No: _____
28 (Qualcomm Count I against Apple)
EXHIBIT H: APPLE & CMS’ PROPOSED CASE NO. 3:17-CV-0108-GPC-MDD
VERDICT FORM -41-
Case 3:17-cv-00108-GPC-MDD Document 884-8 Filed 02/23/19 PageID.100602 Page 44 of
50
1 QUALCOMM’S OBJECTIONS
2 Qualcomm objects to this question because including affirmative defenses
3 adds needless length and complexity to the verdict form.
4 Qualcomm further objects to this question because it addresses defenses for
5 the Court, not the jury. See Jensen, 835 F.3d at 1111; Ill. Tool Works, 946 F. Supp.
6 2d at 1044 (estoppel and laches); JIPC Management, Inc., 2009 WL 8591607, at
7 *19 (unclean hands); Erhart, 2017 WL 588390, at *6 (unenforceability and
8 unlawfulness); De La Torre, 5 Cal. 5th at 973 (unconscionability).
9
10 If your answer to any part of Question 56 is “Qualcomm” and your answer to each
11 part of Question 57 is “No,” please answer Question 58. Otherwise, please skip to
12 Question 61.
13
14 Question 58: We award Qualcomm the following damages for Apple’s tortious
15 interference with the SULAs between Qualcomm and the CMs:
16 $_______________________
17 (Qualcomm Count I against Apple)
18 QUALCOMM’S OBJECTIONS
19 No objection.
20
21
22
23
24
25
26
27
28
EXHIBIT H: APPLE & CMS’ PROPOSED CASE NO. 3:17-CV-0108-GPC-MDD
VERDICT FORM -42-
Case 3:17-cv-00108-GPC-MDD Document 884-8 Filed 02/23/19 PageID.100603 Page 45 of
50
1 Question 59:1 Did Qualcomm prove that Apple engaged in tortious interference
2 with the SULAs between Qualcomm and the CMs with malice, oppression, or
3 fraud? “Yes” is a finding for Qualcomm. “No” is a finding for Apple.
4
14 Question 60: We award Qualcomm the following punitive damages for Apple’s
15 tortious interference with the SULAs between Qualcomm and the CMs:
16 $_______________________
17 (Qualcomm Count I against Apple)
18 QUALCOMM’S OBJECTIONS
19 Qualcomm objects to Apple’s request for bifurcation for the reasons stated in its
20 forthcoming opposition to Apple’s Motion in Limine No. 5.
21
22
23
24
25
26
1
27 Questions 59 and 60 are to be submitted to the jury separately if the issue of
punitive damages is bifurcated, and submitted only if there is proof that Apple acted
28 with malice, oppression, or fraud.
EXHIBIT H: APPLE & CMS’ PROPOSED CASE NO. 3:17-CV-0108-GPC-MDD
VERDICT FORM -43-
Case 3:17-cv-00108-GPC-MDD Document 884-8 Filed 02/23/19 PageID.100604 Page 46 of
50
3 Question 61: On Apple’s claim that the Section 4.4 of the STA Assignment
4 Agreement is unenforceable as against public policy, we find in favor of:
5
12 Question 62: Did Qualcomm prove any of the following affirmative defenses to
13 Apple’s claim that Section 4.4 of the STA Assignment Agreement is unenforceable
14 as against public policy? “Yes” is a finding for Qualcomm. “No” is a finding
15 for Apple.
16 Estoppel: Yes: _____ No: _____
17 Unclean Hands: Yes: _____ No: _____
18 (Apple Count LX)
19 QUALCOMM’S OBJECTIONS
20 Qualcomm objects to this question because including affirmative defenses
21 adds needless length and complexity to the verdict form. Nevertheless, if the Court
22 decides to include affirmative defenses, Qualcomm objects that this question
23 excludes the following defenses that Qualcomm asserts against this claim: waiver,
24 ratification, agreement, acquiescence and consent. See Final Pretrial Conference
25 Order § III.
26 Qualcomm notes that unclean hands and estoppel are defenses that should be
27 decided by the Court rather than the jury. See JIPC Management, Inc., 2009 WL
28 8591607, at *19 (unclean hands); Ill. Tool Works, 946 F. Supp. 2d at 1044
EXHIBIT H: APPLE & CMS’ PROPOSED CASE NO. 3:17-CV-0108-GPC-MDD
VERDICT FORM -44-
Case 3:17-cv-00108-GPC-MDD Document 884-8 Filed 02/23/19 PageID.100605 Page 47 of
50
1 (estoppel). However, if the Court decides that the verdict form should include
2 Apple’s and the CMs’ defenses that will ultimately be decided by the Court,
3 Qualcomm’s defenses also should be included. Qualcomm does not waive its
4 objection that defenses and claims that should be decided by the Court should not
5 be included on the verdict form.
6
7 Please sign and date this verdict form and return it to Judge Curiel.
10
_________________________
11
12
Date: _________________________
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
EXHIBIT H: APPLE & CMS’ PROPOSED CASE NO. 3:17-CV-0108-GPC-MDD
VERDICT FORM -45-
Case 3:17-cv-00108-GPC-MDD Document 884-8 Filed 02/23/19 PageID.100606 Page 48 of
50
22
By: /s/ Jason Lo
23 Theodore R. Boutrous, Jr., SBN 132099,
24 tboutrous@gibsondunn.com
Richard J. Doren, SBN 124666
25 rdoren@gibsondunn.com
26 Daniel G. Swanson, SBN 116556,
dswanson@gibsondunn.com
27 Michele L. Maryott, SBN 191993
28 mmaryott@gibsondunn.com
EXHIBIT H: APPLE & CMS’ PROPOSED CASE NO. 3:17-CV-0108-GPC-MDD
VERDICT FORM -46-
Case 3:17-cv-00108-GPC-MDD Document 884-8 Filed 02/23/19 PageID.100607 Page 49 of
50
17
Hugh F. Bangasser, pro hac vice
18 hugh.bangasser@klgates.com
Christopher M. Wyant, pro hac vice
19
chris.wyant@klgates.com
20 J. Timothy Hobbs, pro hac vice
tim.hobbs@klgates.com
21
K&L GATES LLP
22 925 Fourth Avenue, Suite 2900
Seattle, Washington 98104
23
Tel: (206) 623-7580; Fax: (206) 370-6371
24
Caitlin C. Blanche, SBN 254109,
25
caitlin.blanche@klgates.com
26 K&L GATES LLP
1 Park Plaza Twelfth Floor
27
Irvine, CA 92614
28 Tel: (949) 253-0900; Fax: (949) 253-0902
EXHIBIT H: APPLE & CMS’ PROPOSED CASE NO. 3:17-CV-0108-GPC-MDD
VERDICT FORM -47-
Case 3:17-cv-00108-GPC-MDD Document 884-8 Filed 02/23/19 PageID.100608 Page 50 of
50
1
Attorneys for Defendant, Counterclaimant, and
2 Third-Party Plaintiff Wistron Corporation
3
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
EXHIBIT H: APPLE & CMS’ PROPOSED CASE NO. 3:17-CV-0108-GPC-MDD
VERDICT FORM -48-