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University of Pittsburgh of the Commonwealth System of v. Varian Medical Systems

January 17, 2012

UNIVERSITY OF PITTSBURGH OF THE COMMONWEALTH SYSTEM OF HIGHER EDUCATION D/B/A UNIVERSITY OF PITTSBURGH PLAINTIFF,
v.
VARIAN MEDICAL SYSTEMS, INC.
DEFENDANT.



The opinion of the court was delivered by: Judge Arthur J. Schwab

1/17/12 11:00 AM

FILED ELECTRONICALLY

FINAL VERDICT FORM

Based on the evidence admitted at trial and in accordance with the instructions as given by the Court, we, the jury, unanimously agree to the answers to the following questions: CLAIM 20

1. Has the University of Pittsburgh proven by clear and convincing evidence that Varian's arguments that Claim 20 of the '554 patent is invalid are unreasonable?

Yes_____ No _____

If the answer to question 1 is "yes," answer question 2. If your answer to question 1 is "no," skip question 2 and go to question 3.

2. For each of the following time periods, please state whether the University of Pittsburgh has proven by clear and convincing evidence that Varian knew, or it was so obvious that Varian should have known, that it was highly likely it was infringing a valid patent:

a. From June 2002 through April 13, 2007 (the day Pitt sued Varian for infringing the '554 patent)

Yes _____ No _____

b. From April 13, 2007 (the day Pitt sued Varian for infringing the '554 patent) through March 31, 2010 (the day the US Patent Office issued its Notice of Intent to Issue Reexamination Certificate)

Yes _____ No _____

c. From March 31, 2010 (the day the US Patent Office issued its Notice of Intent to Issue Reexamination Certificate) to the present.

Yes _____ No _____

CLAIM 21

3. Has the University of Pittsburgh proven by clear and convincing evidence that Varian's arguments that Claim 21 of the '554 patent is invalid are unreasonable?

Yes_____ No _____

If the answer to question 3 is "yes," answer question 4. If your answer to question 3 is "no," skip question 4 and go to question 5.

4. For each of the following time periods, please state whether the University of Pittsburgh has proven by clear and convincing evidence that Varian knew, or it was so obvious that Varian should have known, that ...


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