Opinion
17-cv-04405-HSG
07-02-2021
PLEXXIKON INC., Plaintiff, v. NOVARTIS PHARMACEUTICALS CORPORATION, Defendant.
ORDER REGARDING VERDICT FORM AND EXPERT REPORTS
HAYWOOD S. GILLIAM, JR. United States District Judge
Having reviewed the parties' proposed verdict forms, Dkt. Nos. 458, 461, the Court finds that a special verdict form that breaks down each invalidity theory is appropriate under the circumstances, and is consistent with the Federal Circuit's guidance. See, e.g., Wyers v. Master Lock Co., 616 F.3d 1231, 1248 (Fed. Cir. 2010) (Linn, L., concurring) (listing cases); Railroad Dynamics, Inc. v. A. Stucki Co., 727 F.2d 1984, 1517 (Fed. Cir. 1984) (“[D]etailed fact interrogatories . . . [are] strongly recommended as an appropriate means of guiding a jury, increasing the reliability of its verdict, and facilitating the judicial role following a jury trial.”). As to findings on damages, the Court intends to ask the jury to determine what sum of money would fairly and reasonably compensate Plaintiff for the infringement to date (as Plaintiff proposes at Dkt. No. 461 at 4). With this guidance, the parties are DIRECTED to meet and confer to determine whether they can reach agreement on the special verdict form. The parties shall submit any revised proposed verdict form by July 6, 2021, at 12:00 P.M. PDT.
The Court further DIRECTS the parties to meet and confer and lodge one set of complete and unredacted copies of all expert reports via email (with all counsel cc'd) to HSGpo@cand.uscourts.gov by July 6, 2021, at 12:00 P.M. PDT.
IT IS SO ORDERED.