IN THE UNITED STATES DISTRICT COURT
FOR THE EASTERN DISTRICT OF TEXAS
MARSHALL DIVISION
OPTI INC. §
§
vs. § CASE NO. 2:07-CV-21-CE
§
APPLE, INC. §
FINAL JUDGMENT
In accordance with the jury’s verdict, which was reached on April 23, 2009, and the court’s
rulings on motions for summary judgment and judgment as a matter of law, the court renders the
following judgment:
The court having determined that the defendant Apple, Inc. (“Apple”) infringed claims 73,
74, and 88 of U.S. Patent No. 6,405,291 (the “‘291 patent”); the jury having failed to find that any
of the asserted claims are invalid; the court having found no willful infringment; it is ORDERED,
ADJUDGED, AND DECREED that the plaintiff OPTi Inc. (“OPTi”) have and recover from Apple
a reasonable royalty of $19,009,728 in actual damages. The court awards an additional $2,696,974
in pre-judgment interest; the total award is $21,706,702. The plaintiff is the prevailing party in this
litigation, and the court awards costs to the plaintiff as the prevailing party. The court concludes that
this case is not exceptional under 35 U.S.C. § 285 and denies any attorneys’ fees request. The
judgment shall bear interest at the lawful federal rate. This is a final judgment; all other pending
motions are denied.
original verdict
UNITED STATES DISTRICT COURT
EASTERN DISTRICT OF TEXAS
MARSHALL DWISION
OPTI, INC., §
§
vs. § CASE NO. 2:07-CV-21
§
APPLE, INC. §
VERDICT FORM
QUESTION NO.1:
Do you find by clear and convincing evidence that Apple’s infringement ofclaims 73, 74
and 88 ofthe ‘291 patent was willful?
Answer ~‘Yes”or“No”.
QUESTION NO.2:
Do you find by clear and convincing evidence that any of claims 73, 74 and 88 ofthe
C291 patent is invalid because it is anticipated by the prior art?
Answer “Yes” or “No” with respect to each claim.
Claim 73: it/p
Claim 74: A/v
Claim 88: _________
2
QUESTION NO.3:
Do you find by clear and convincing evidence that any ofclaims 73, 74 and 88 of the
‘291 patent is invalid because it is obvious in light ofthe prior art?
Answer “Yes” or “No” with respect to each claim.
Claim 73: /i4)
Claim 74: ID
Claim 88: _________
3
If you answered “No” to ~y ofthe claims in Questions 2 or 3 above, then answerthe following
Question. Otherwise, do not answer the following Question. The jury foreperson should instead
sign and date the ‘VerdictForm and return it to the Security Officer.
QUESTIONNO.4:
What sum ofmoney, if any, if paid now in cash, would fairly and reasonably compensate
OPTi as a reasonable royalty for infringement?
Answer in dollars and cents, if any, for a reasonable royalty.
Answer: $19,009,728, QCW~00
Signed this 23 day ofApril, 2009.
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