1. For each of the following products, has Apple proven by a preponderance of the evidence that Samsung Electronics Co. (SEC), Samsung Electronics America (SEA), and/or Samsung Telecommunications America (STA) has infringed Claim 19 of the ’381 Patent?
Answer: Yes, Samsung infringes Apple's '301 patent, all devices
2. For each of the following products, has Apple proven by a preponderance of the evidence that Samsung Electronics Co. (SEC), Samsung Electronics America (SEA), and/or Samsung Telecommunications America (STA) has infringed Claim 8 of the ’915 Patent?
Answer: Yes on claim 8 of'915 patent, some devices, almost all
3. For each of the following products, has Apple proven by a preponderance of the evidence that Samsung Electronics Co. (SEC), Samsung Electronics America (SEA), and/or Samsung Telecommunications America (STA) has infringed Claim 50 of the ’163 Patent?
Answer: Yes on claim 50 of '163 patent, yes, some devices, no others.
4. For each of the following products, has Apple proven by a preponderance of the evidence that Samsung Electronics Co. (SEC) took action that it knew or should have known would induce STA or SEA to infringe the ’381, ’915, or ’163 Patents?
Answer: Inducement re '381, '915, '163 patents: yes, all devices on '381; yes for all devices but Replenish on '915; on '163 yes for most devices
5. For each of the following products, has Apple proven by a preponderance of the evidence that Samsung Electronics Co. (SEC) and/or Samsung Telecommunications America (STA) has infringed the D’677 Patent?
Answer: D'677 (design patent) - Yes for most devices, no for Ace.
6. For each of the following products, has Apple proven by a preponderance of the evidence that Samsung Electronics Co. (SEC) and/or Samsung Telecommunications America (STA) has infringed the D’087 Patent?
Answer: D'087 - Yes for most. No for No for S2 ATT, S2 i9100, Epic 4G Touch, Skyrocket, and Infuse 4G.
7. For each of the following products, has Apple proven by a preponderance of the evidence that Samsung Electronics Co. (SEC) and/or Samsung Telecommunications America (STA) has infringed the D’305 Patent?
Answer: D'305 patent - Yes for all.
8. For each of the following products, has Apple proven by a preponderance of the evidence that Samsung Electronics Co. (SEC), Samsung Electronics America (SEA), and/or Samsung Telecommunications America (STA) has infringed the D’889 Patent?
Answer: D'889 - No for all.
Q9, If you found that Samsung Electronics America (SEA) or Samsung Telecommunications America (STA) infringed in any of Questions 1 through 8, has Apple proven by a preponderance of the evidence that Samsung Electronics Co. (SEC) took action that it knew or should have known would induce SEA or STA to infringe the D’677, D’087, D’305, and/or D’889 Patents?
Answer: D'677: Yes. D'087 Yes for S4G and Vibrant. No for the rest. D'305 Yes, for all. '889 No for Galaxy Tab.
Q10, If you answered “Yes” to any of Questions 1 through 9, and thus found that any Samsung entity has infringed any Apple patent(s), has Apple proven by clear and convincing evidence that the Samsung entity’s infringement was willful?
Answer: SEC yes, for all but D'087 and D'889, no for those two. SEA, Yes for '163, '381, '915.
11. Has Samsung proven by clear and convincing evidence that Apple’s asserted utility and/or design patent claims are invalid?
Answer: No, on all.
12. Apple Trade Dress Claims: Has Samsung proven by a preponderance of the evidence that Apple’s registered iPhone trade dress ’983 is not protectable?
Answer: No.
13. Has Apple proven by a preponderance of the evidence that Apple’s unregistered trade dresses are protectable?
Answer: Apple has proven only the iPhone 3G trade dress protectable. No on Unregistered Combination iPhone Trade Dress and Unregistered iPad/iPad 2 Trade Dress.
14. Trade Dress Dilution
Has Apple proven by a preponderance of the evidence that Apple’s trade dresses are famous?
Answer: Yes on Registered iPhone and Unregisterd iPhone 3G, no on Unregistered Combination iPhone Trade Dress and Unregistered iPad/iPad 2 Trade Dress.
15. If you found the registered iPhone trade dress protectable and famous, for each of the following products, has Apple proven by a preponderance of the evidence that Samsung Electronics Co. (SEC) and/or Samsung Telecommunications America (STA) has diluted the registered iPhone trade dress?
Answer: Yes (SEC) on all except Captivate, Droid Charge, Epic 4G, S2, Epic 4G Touch, Skyrocket, Infuse 4G. Yes (STA) on all.
16. If you found the unregistered iPhone 3G trade dress protectable and famous, for each of the following products, has Apple proven by a preponderance of the evidence that Samsung Electronics Co. (SEC) and/or Samsung Telecommunications America (STA) has diluted the unregistered iPhone 3G trade dress?
Answer: Yes (SEC) on Fascinate, Galaxy S i9000, S 4G, Showcase, Mesmerize, Vibrant. No on the rest. Yes (STA) on Fascinate, Galaxy S 4G, Showcase, Mesmerize, and Vibrant.
17. If you found the unregistered Combination iPhone trade dress protectable and famous, for each of the following products, has Apple proven by a preponderance of the evidence that Samsung Electronics Co. (SEC) and/or Samsung Telecommunications America (STA) has diluted the unregistered Combination iPhone trade dress?
Answer: Skipped for obvious reasons.
18. If you found the unregistered iPad/iPad 2 trade dress protectable and famous, for each of the following products, has Apple proven by a preponderance of the evidence that Samsung Electronics Co. (SEC), Samsung Electronics America (SEA), and/or Samsung Telecommunications America (STA) has diluted the unregistered iPad/iPad 2 trade dress?
Answer: Skipped.
19. If you answered “Yes” to any of Questions 15 through 18, and thus found that any Samsung entity has diluted any Apple trade dress(es), has Apple proven by a preponderance of the evidence that the Samsung entity’s dilution was willful?
Answer: Yes, except (SEA) No on iPad; (STA) No for Unregisted iPhone Trade Dress and iPad Trade Dress.
If you did not find the unregistered iPad/iPad 2 trade dress protectable, please skip to Question 22, and do not answer Questions 20 and 21.
20. If you found the unregistered iPad/iPad 2 trade dress protectable, for each of the following products, has Apple proven by a preponderance of the evidence that Samsung Electronics Co. (SEC), Samsung Electronics America (SEA), and/or Samsung Telecommunications America (STA) has infringed the unregistered iPad/iPad 2 trade dress?
Answer: Skipped.
21. If you answered “Yes” to any of Question 20, and thus found that any Samsung entity has infringed Apple’s unregistered iPad/iPad 2 trade dress, has Apple proven by a preponderance of the evidence that the Samsung entity’s infringement was willful?
Answer: Skipped.
22. DAMAGES TO APPLE FROM SAMSUNG (IF APPLICABLE)
What is the total dollar amount that Apple is entitled to receive from Samsung on the claims on which you have ruled in favor of Apple?
Answer: $1 billion, 51 million 855 thousand dollars (broken down by product).
23. Damages broken down by product.
SAMSUNG’S UTILITY PATENT CLAIMS AGAINST APPLE
24. For each of the following products, has Samsung proven by a preponderance of the evidence that Apple has infringed the indicated Samsung utility patent claims? (Please answer in each cell with a “Y” for “yes” (for Samsung), or with an “N” for “no” (for Apple).
Answer: No, no, no, etc. except iPad Touch.
25. If in response to Question 24 you found that Apple has infringed any Samsung patent(s), has Samsung proven by clear and convincing evidence that Apple’s infringement was willful?
Answer: Skipped.
26. Has Apple proven by clear and convincing evidence that Samsung’s asserted utility patent claims are invalid?
Answer: No.
DAMAGES TO SAMSUNG FROM APPLE (IF APPLICABLE) -
27. What is the total dollar amount that Samsung is entitled to receive from Apple for Samsung’s utility patent infringement claims on the ’516 and ’941 patents?
Answer: Nothing.
28. What is the total dollar amount that Samsung is entitled to receive from Apple for Samsung’s utility patent infringement claims on the ’711, ’893, and ’460 patents?
Answer: Nothing.
29. For the total dollar amounts in your answers to Questions 27 and 28, please provide the breakdown by product.
Answer: Skipped.
BREACH OF CONTRACT CLAIMS AND ANTITRUST -
30. Has Apple proven by a preponderance of the evidence that Samsung breached its contractual obligations by failing to timely disclose its intellectual property rights (“IPR”) during the creation of the UMTS standard or by failing to license its “declared essential” patents on fair, reasonable, and non-discriminatory (“FRAND”) terms?
Answer: No.
31. Has Apple proven by a preponderance of the evidence that Samsung has violated Section 2 of the Sherman Antitrust Act by monopolizing one or more technology markets related to the UMTS standard?
Answer: No.
32. If you answered “Yes” to Question 30 or Question 31, what is the dollar amount that Apple is entitled to receive from Samsung for Samsung’s antitrust violation and/or breach of contract?
Answer: Skipped.
33. PATENT EXHAUSTION
Has Apple proven by a preponderance of the evidence that Samsung is barred by patent exhaustion from enforcing the following Samsung patents against Apple?
Answer: Yes on '516 and '941 patents.