Case 4:12-cv-00074-ALM Document 257

Filed 03/01/13 Page 1 of 8 PageID #: 6292

United States District Court

EASTERN DISTRICT OF TEXAS SHERMAN DIVISION

FRITO-LA Y NORTH AMERICA, INC.

v.
MEDALLION FOODS, INC. and RALCORP HOLDINGS, INC.

CASE NO. 4:12-CV-0074

VERDICT OF THE JURY QUESTION ONE Did Plaintiff prove by a preponderance of the evidence that Defendants infringed Plaintiffs registered chip design trade dress? Answer "Yes" or "No" for each ofthe following: Medallion: Ralcorp: Proceed to Question 2. QUESTION TWO Did Plaintiff prove by a preponderance of the evidence that Defendants' infringed Plaintiffs umegistered packaging trade dress? Answer "Yes" or "No" for each ofthe following: Medallion: Ralcorp: Proceed to Question 3.

NO

ND

Nb

Case 4:12-cv-00074-ALM Document 257

Filed 03/01/13 Page 2 of 8 PageID #: 6293

QUESTION THREE
What sum of money, if any, do you find that Plaintiff should recover from that Defendant in damages for infringement of Plaintiffs registered chip design trade dress? (Do not award any damages against a Defendant unless you answered "Yes" as to that Defendant in Question 1.) Answer in dollars and cents, if any: Medallion: Ralcorp: Proceed to Question 4.

QUESTION FOUR
what sum of money, if any, do you find that Plaintiff should recover from that Defendant in damages for infringement of Plaintiffs umegistered packaging trade dress? (Do not award any damages against a Defendant unless you answered "Yes" as to that Defendant in Question 2.) Answer in dollars and cents, if any: Medallion: Ralcorp: Proceed to Question 5.

Case 4:12-cv-00074-ALM Document 257

Filed 03/01/13 Page 3 of 8 PageID #: 6294

QUESTION FIVE
Did Plaintiff prove by a preponderance of the evidence that Defendants' use of their BOWLZ/CUPZ chip design is likely to dilute Plaintiffs registered TOSTITOS SCOOPS! chip design trade dress, in violation of federal law? Answer "Yes" or "No" for each ofthe following: Medallion: Ralcorp:

N 0
No

If you answered "Yes" as to any Defendant, proceedto Question 6. If you answered "No" as to both Defendants, proceed to Question 8.

QUESTION SIX
Did Plaintiff prove by a preponderance of the evidence that Defendants' dilution of Plaintiffs chip design trade dress was willful? Answer "Yes" or "No" for each of the following: Medallion: Ralcorp: If you answered "Yes" as to any Defendant, proceed to Question 7. If you answered "No" as to both Defendants, proceed to Question 8.

Case 4:12-cv-00074-ALM Document 257

Filed 03/01/13 Page 4 of 8 PageID #: 6295

QUESTION SEVEN What sum of money, if any, do you find that Plaintiff should recover from that Defendant in damages for willful dilution of Plaintiffs trade dress? (Do not award any damages against a Defendant unless you answered "Yes" as to that Defendant in Question 5 and Question 6.) Answer in dollars and cents, if any: Medallion: Ralcorp: Proceed to Question 8. QUESTION EIGHT Did Plaintiff prove by a preponderance of the evidence that Defendants' use of their BOvVLZ/CUPZ chip design is likely to dilute Plaintiffs registered TOSTITOS SCOOPS! chip design trade dress, in violation of state law? Answer "Yes" or "No" for each ofthe following: Medallion: Ralcorp: Proceed to Question 9. QUESTION NINE Did Plaintiff prove by a preponderance of the evidence that Defendants obtained a benefit from Plaintiff to which they were not entitled? Answer "Yes" or "No" for each ofthe following: Medallion: Ralcorp: Proceed to Question 10.

NO

Nu t!o
4

Case 4:12-cv-00074-ALM Document 257

Filed 03/01/13 Page 5 of 8 PageID #: 6296

QUESTION TEN Did Plaintiff prove by a preponderance of the evidence that Defendants infringed any of the following claims of U.S. Patent No. 6,610,344, referred to as the '344 Patent? Answer "Yes" or "No" for each of the following: MEDALLION CLAIM 1 CLAIM 5 CLAIM 6 CLAIM7 CLAIM 8 CLAIM 12 RALCORP

N~

/J()
tJ'D
tJo

Nn
rJO
f\}'{)

N'C

tJ()
~j)_

tJr,
(\}D

If you answered "Yes" as to any Defendant, proceed to Question 11. If you answered "No" for all claims as to both Defendants, proceed to Question 13. QUESTION ELEVEN What is the sum of money, if any, that Plaintiff proved by a preponderance of the evidence that it is entitled to recover as a reasonable royalty for Defendants' infringement of the '344 Patent? (Do not award any damages against a Defendant unless you answered "Yes" as to that Defendant in Question 10.) Answer in dollars and cents, if any, for each ofthe following: Medallion: Ralcorp: Proceed to Question 12.

Case 4:12-cv-00074-ALM Document 257

Filed 03/01/13 Page 6 of 8 PageID #: 6297

QUESTION TWELVE Did Plaintiff prove by clear and convincing evidence that Defendants' infringement of the '344 Patent was willful? Answer "Yes" or "No" for each claim in which you answered "Yes" for that Defendant in Question 10. MEDALLION CLAIM 1 CLAIM 5 CLAIM6 CLAIM7 CLAIM 8 CLAIM 12 RALCORP

Proceed to Question 13. QUESTION THIRTEEN Did Plaintiff prove by a preponderance of the evidence that Defendants competed unfairly by misappropriating the value of the time, skill, and labor Plaintiff spent developing TOSTITOS SCOOPS! tortilla chips? Answer "Yes" or "No" for each of the following: Medallion: Ralcorp: Proceed to Question 14.

Case 4:12-cv-00074-ALM Document 257

Filed 03/01/13 Page 7 of 8 PageID #: 6298

QUESTION FOURTEEN Did Plaintiff prove by a preponderance of the evidence that Defendants misappropriated Plaintiffs trade secrets? Answer "Yes" or "No" for each of the following: Medallion: Ralcorp: Proceed to Question 15. QUESTION FIFTEEN Did Plaintiff prove by a preponderance of the evidence that Defendants violated the Texas Theft Liability Act? Answer "Yes" or "No" as to each of the following: Medallion: ------~~----------Ralcorp: _ _ _ Proceed to Question 16. QUESTION SIXTEEN What did Plaintiff prove by a preponderance of the evidence is the amount of Defendants' profits resulting from any unfair competition, misappropriation of trade secrets, and/or theft of trade secrets that you found above? Answer in dollars and cents, if any, as to each of the following: Medallion: Ralcorp: Proceed to Question 17.

NO

~0

_:_ll_o____

Case 4:12-cv-00074-ALM Document 257

Filed 03/01/13 Page 8 of 8 PageID #: 6299

QUESTION SEVENTEEN

Do you find by clear and convincing evidence that Defendants' misappropriation of Plaintiffs trade secrets resulted from malice on the part of Defendants? Answer "Yes" or "No" as to each ofthe follovving: Medallion: Ralcorp: If you answered "Yes" as to any Defendant, proceed to Question 18. If you answered "No" as to both Defendants, proceed no fmiher.
QUESTION EIGHTEEN

rJv

What sum of money, if any should be assessed against Defendants and awarded to Plaintiff as exemplary damages for the conduct found in response to Question No. 17? Answer in dollars and _cents, if any: Medallion: Ralcorp:

Proceed no fmiher.

The jury foreperson should sign and date the Verdict From and

return it to the .Court Security Officer.

Date