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3 JUN 3 9 2016
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8 SUPERIOR COURT OF CALIFORNIA
9 COUNTY OF SANTA CLARA
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2 HEWELL-PACKARD COMPANY , Case No.: 111CV203163
B Plaintiff, JURY VERDICT
a vs. | wh ed cle \ 4
15 || ORACLE CORPORATION, | Cu d Copy
Defendant.
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28(00, HPs Claim that Oracle Breached the Contract
We answer the questions submitted to us as follow
1 Did HP do all, or substantially all, of the significant things that the
contract required it to do, or was it excused from doing those things?
Vv Yes No
If your answer to question 1 is yes, answer question 2. If you
answered no, stop here, answer no further questions, and have the
presiding juror sign and date this form.
% Did Oracle fail to do something that the contract required it to do?
v Yes No
or
Did Oracle do something that the contract prohibited it from
doing?
4 Yes No
If your answer to either option for question 2 is yes, then answer
question 3. If you answered no to both options, stop here, answer
no further questions, and have the presiding juror sign and date this,
form,
a Was HP harmed by Oracle's breach of contract?
V ves
Signed: 8 keh
Presigihg Juror
Datea: Y/Z0//6
After all verdict forms have been signed, notify the baili
present your verdict in the courtroom.
that you are ready toVF-304, HP’s Claim that Oracle Breached the
Implied Covenant of Good Faith and Fair Dealing
We answer the questions submitted to us as follows:
Did HP do all, or substantially all, of the significant things that the
contract required it to do, or was it excused from having to do those
things?
V_Yes No
If your answer to question | is yes, answer question 2, If you
answered no, stop bere, answer no farther questions, and have the
presiding juror sign and date this form
Did Oracle unfairly interfere with HP’s right to receive the benefits of the
contract?
Yes No
If your answer to question 2 is yes, then answer question 3. If you
answered no, stop here, answer no further questions, and have the
presiding juror sign and date this form.
Was HP harmed by Oracle’s conduct?
Yves No
Pres
patea: U/B0//
After all verdict forms have been signed, notify the bailiff that you are ready to
present your verdict in the courtroom.VE. Oracle's *Unclean Hands” Affirmative Defense
We answer the qu
L.
Signed: Que oD:
tions submitted to us as follows:
Was HP engaged in conduct related to the contract that was wrongful,
inequitable, or unconscionable such that HP should be denied relief
regardless of the merits of its claim?
Yes No
If your answer to question 1 is yes, answer question 2. If you
answered no, stop here, answer no further questions, and have the
presiding juror sign and date this form.
Did the HP conduct from question | cause prejudice to Oracle?
Yes No
Presiging Juror
vlzolieVF-3920. HP"s Claims for Damages
What are HP's damag
Lost Profits. Enter the amount below if you find that Oracle is liable to
HP under HP’s cause of action for breach of contract or HP’s cause of
action for breach of the covenant of good faith and fair dealing.
a, Past lost profits:
b. Future lost profits:
Signe DwLoey
Presigislg
pata: G/ZO/1 6
ror
TOTAL
sh OP7F B
s/3/FB
3. YB
After all verdict forms have been signed, notify the bailiff that you are ready to
present your verdict in the courtroom.VF. Oracle’s Claim that HP Violated the
anham Act
answer the questions submitted to us as follows:
1
2b.
Did HP make a false statement of fact in a commercial advertisement or
promotion about its own or another's product?
yes _§ Wo
If your answer to question 1 is yes, answer question 2a and
question 2b. If you answered no, stop here, answer no further
questions, and have the presiding juror sign and date this form,
Did the statement actually deceive a substantial segment of its audience?
Yes No
Did the statement have a tendency to deceive a substantial segment of its
audience?
Yes No
If your answer to either question 2a or question 2b is yes, then
answer question 3. If your answer to both question 2a and
question 2b is no, stop here, answer no further questions, and have
the presiding juror sign and date this form.
Was the deception material, in that it wa
purchasing decision?
likely to influence the
Yes vo
If your answer to question 3 is yes, then answer question 4. If you
answered no, stop here, answer no further questions, and have the
presiding juror sign and date this form.
Did HP cause its false statement to enter interstate commerce?
Yes No
If your answer to question 4 is yes, then answer question Sa and
question 5b. If you answered no, stop here, answer no further
questions, and ave the presiding juror sign and date this form.Sa, Has Oracle been injured as a result of the false statement, cither by direct
diversion of sales from itself to defendant or by a lessening of the
goodwill associated with its products?
Sb. Is Oracle likely to be injured as a result of the false statement, either by
direct diversion of sales from itself to defendant or by a lessening of the
goodwill associated with its products?
Yes No
If your answer to both questions Sa and question $b is no, stop
here, answer no further questions, and have the presiding juror sign
and date this form.
6 *s damages?
a, Past lost profit
Se
b. Future lost profits:
s
TOTAL
Signed: Dueoe2¥ 2
Presidjhg Juror
patea: U/Z0//6
After all verdict forms have been signed, notily the bai
present your verdict in the courtroom.
iff that you are ready to