Member Info for MakeMineA99

Newgrange I had the same thought. If the jury were all Trump America first type they would not take too kindly to CAP-XX.

Great post CTSFO, all valid questions we will need answers / reassurance from.

Well, a terrible night's sleep for all the wrong reasons.

I'm gutted CAP-XX have lost the case. I've invested 4 years of my life and a lot of hard earned money following this case. I was convinced CPX would win so it was a total shock to read the jury's verdict on the docket last night. I suspect the directors will also be shocked since they were confidend throughout the case.

The Maxwell legal team have done a number on the jury in my opinion. Supposedly it's very hard to prove a patent invalid for failure to note the inventor and yet Maxwell have done it. Reading the verdict sheet Maxwell didn't just win but trounced us. How did the BOD not see this coming.

As othes have noted, is there a risk now that Murata, TDK, AVX, CDE, etc all try to claw back the royalties they paid to CPX? How can tbey all have been so blind? Will CPX have to pay Maxwell's legal fees now?!

My only hope is that CPX will appeal the decision in the federal court.

As for Lars alluding to an 'exhilarating' few months...only if you like losing all your money.

But as they say no point crying over spilt milk. If only I cashed out 3 years ago!

Verdict is in. Cap-xx lost. $0 awarded.

Nothing else to say. I feel sick.

We will know by tomorrow morning. I'm not sure I'll be able to sleep tonight! It's been a long time coming!

Mucker I thought you weren't coming back?

Perhaps they were sells judging by that huge buy at 1.9p! That explains why the bid shot up to 1.7p for a few minutes.

Bid ticked up and spread tightened into close. Bodes well for tomorrow.

That's right Cumbria, you're either in this by 4.30pm tomorrow or you're out. The jury will deliver the verdict on Friday evening UK time so Monday morning will be too late.

He was a dinosaur that didn't know how to run a business. The company is much better off without him. Lars has taken the company from the stoneage to 2023.

Incorrect inventorship is tough to prove,

This is one of Maxwell's arguments.

https://www.gdblaw.com/resources/incorrect-inventorship-patents-tough-claim-prove#:~:text=A%20potential%20strategy%20to%20challenge,a%20misjoinder%20of%20inventors%20claim.

I don't wish you good luck mucker, but good riddance.

I think Maxwell's main argument now is that they are invalid because Cap-XX hasn't explained well enough how someone with skill in the art can make the same products themselves (aka enablement).

Yes Kenny they are EXACTLY the same patents. It's also the SAME patents that AVX and Murata voluntarily paid CPX a license for - and TDK, although I think CPX also threatened TDK with legal action to force the issue.

True Kenny, but don't forget Maxwell have been playing every dirty trick in the book for the past 4 years to prolong it. As CAP-XX pointed out to the judge some time ago, Maxwell didn't even engage with the proceedings for well over a year and by the time they finally agreed to discovery CAP-XX had already fought and won two other cases against CDE and Ioxus.

Though you have heard this before, I want to again outline the schedule I will maintain during the course of this trial.

As mentioned previously, this case is expected to take up to five business days to try, until Friday, December 15, 2023. The trial will normally begin each day at 9:00 A.M. and end at approximately 4:30 P.M. There will be a fifteen­ minute break in the morning, another fifteen-minute break in the afternoon, and a lunch break ofup to an hour.

What I have just outlined is the general schedule. It is possible there will be some interruptions ifl need to attend to other matters.

The only significant exception to this schedule may occur when the case is submitted to you for your deliberations. At that point, you will be permitted to deliberate as late as you wish.

As I have mentioned, this is a timed trial. That means that I have allocated each party a maximum number of hours in which to present all portions of its case. This allows me to assure you that the case is expected to be completed by Friday. Of course, you can help us stay on schedule by being here promptly each morning and being ready to proceed at the end of each break.

The trial will proceed in the following manner:

First, attorneys for CAP-XX will make an opening statement to you. Next, attorneys for Maxwell will make an opening statement. What is said in the opening statements is not evidence but is simply an outline to help you understand what each party expects the evidence to show.

After the attorneys have made their opening statements, each party is then given an opportunity to present its evidence.

CAP-XX goes first. CAP-XX will present its evidence and witnesses, and counsel for Maxwell may cross-examine those witnesses. Following CAP-XX's case, Maxwell may present evidence and witnesses. Counsel for CAP-XX may cross-examine those witnesses. After each side has presented their main case, they may be permitted to present what is called rebuttal evidence.

After all the evidence has been presented, I will instruct you on the law, and the attorneys will present to you closing arguments to summarize and interpret the evidence in a way that is helpful to their clients' positions. As with opening statements, closing arguments are not evidence. After that, you will retire to the jury room to deliberate on your verdict in this case.

This is a civil case. CAP-XX is the party that brought this lawsuit. Maxwell is the party against which the lawsuit was filed. CAP-XX has the burden of proving its case by what is called the preponderance of the evidence. That means CAP-XX has to prove to you, in light of all the evidence, that what it claims is more likely so than not so. To say it differently: if you were to put the evidence favorable to CAP-XX and the evidence favorable to Maxwell on opposite sides of a scale, CAP-XX would have to make the scale tip somewhat on its side. lfCAP­ XX fails to meet this burden, the verdict must be for Maxwell. If you find after considering all the evidence that a claim or fact is more likely so than not so, then the claim or fact has been proved by a preponderance of the evidence.

CAP-XX has alleged that Maxwell infringes or has infringed the asserted claims of the '034 Patent and the '600 Patent; that Maxwell's infringement of any valid claim was willful; and that it is entitled to damages to compensate it for any infringement. CAP-XX has the burden of proving these allegations by a preponderance of the evidence.

As you heard, the patent examination process by the Patent Office is not perfect. Patent examiners do not have full access to what others have patented or published before, and the law says you cannot patent what others have already published or patented. Only a small percentage of issued patents are ever asserted in a litigation like this one, and so our system permits a more in-depth examination of a patent in litigation.

There are additional defenses against patent infringement claims that the video did not explain. For example, a patent must describe the claimed invention in sufficient detail to show the inventor really had made the invention and to enable others in the industry to make and use the invention without undue experimentation. Patent claims that do not meet those requirements are invalid.

You must decide the issues according to the instructions I give you. In general, the following are the issues you must decide:

(a) Whether CAP-XX has proved by a preponderance of the evidence that Maxwell has infringed any one or more of the asserted patent claims, which are claims 12, 16-18, 20, 22, 43, 48-51, & 62 of the '034 Patent or

claims 8 or 9 '600 Patent;

(b) Whether Maxwell has proved by clear and convincing evidence that any one or more of the asserted patent claims are invalid;

(c) Whether CAP-XX has proved by a preponderance of the evidence that

any infringement you find was willful; and

(d) What amount of damages that CAP-XX has proved by a preponderance of the evidence would compensate CAP-XX if you find CAP-XX proved infringement of one or more claims that Maxwell has not proved to be invalid.

I am going to give you an overview of who the parties are and what each contends. The Plaintiff in this case is CAP-XX, LTD, which I will refer to as Plaintiff or CAP-XX. The Defendant in this case is Maxwell Technologies, Inc., which I will refer to as Defendant or Maxwell.

CAP-XX alleges that Maxwell infringes two U.S. Patents. The first is U.S. Patent No. 6,920,034, which will often be referred to as the '034 Patent. The second is U.S. Patent No. 7,382,600, which will often be referred to as the '600 Patent. The patents in this lawsuit relate to charge storage devices, commonly called supercapacitors or electrochemical double layer supercapacitors (or "EDLCs").

Maxwell denies that it has infringed the asserted claims of these patents and contends that the asserted claims are invalid.

I will now show you a video from the Federal Judicial Center called "The Patent Process: An Overview for Jurors." You are being provided a copy of the sample patent referenced in the video.

[VIDEO TO BE PLAYED]

Thank you for your attention. Although the video you just watched provides a good background on the patent system, it does not explain all of the considerations you will have to weigh in making your decisions in this case.