Plexxikon Inc. v. Novartis Pharmaceuticals Corporation

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF CALIFORNIA 6 PLEXXIKON INC., Case No. 17-cv-04405-HSG

Plaintiff, ORDER REGARDING VERDICT

FORM AND EXPERT REPORTS

v.

NOVARTIS PHARMACEUTICALS

CORPORATION,

11 Defendant. 12 13 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…