IN THE UNITED STATES DISTRICT COURT FOR THE DISTRICT OF

NEBRASKA

PRISM TECHNOLOGIES , LLC,

Plaintiff , 8:12CV123v .

SPRINT SPECTRUM L .P .,d/b/a/ SPRINT PCS,

COURT 'S CHARGE TO THE JURY

Defendant .

INSTRUCTION NO . \

Now that you have heard the evidence , it is my

duty to inform you of the legal principles and considerations

you are to use in arriving at a proper verdict .

In accordance with the oath which each of you took

when you were selected as jurors to try this case, it is your

duty to determine the disputed issues of fact in this case from

the evidence produced and seek thereby to reach a verdict which

shall speak the truth of the case and thereby do justice between

the parties hereto, uninfluenced by sympathy, favor, affection or

prejudice for or against any party. It is your duty to receive

and accept as correct the law as given you in this charge, and

you are not privileged to entertain an opinion as to the law

or what the law should be which conflicts in any respect

with the law as stated in this charge . However , I have not

attempted to

s '

embody all the law applicable to this case in any one of the

instructions which I have given you, and therefore, you must

consider the instructions in their entirety, giving due weight to

each instruction, and construing each instruction in the light

of, and in harmony with, the other instructions, and so apply

the principles set forth to all of the evidence received during

the trial.

The instructions I gave at the beginning of the trial

and during the trial remain in effect. You must not single out

some instructions and ignore others because all are important.

All instructions, whenever given and whether in writing, must

be followed.

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INSTRUCTION NO.

At the outset, I urge you to make every effort to

reach an agreement in your deliberations. Inconclusive trials are

not desirable. A common understanding

among competent and

intelligent people ought to be possible.

However, this observation must not be construed by any

juror as a suggestion of the abandonment of an opinion held

understandably and earnestly, just for the sake of agreement.

The Court must never coerce agreements by jurors . It is

appropriate to suggest that if you should find yourselves in

apparent disagreement, each of you should carefully reexamine

your opinions before assuming a position of dissent.

I should give you one preliminary word of caution. It

is seldom wise or beneficial for a juror to make an emphatic

expression of his or her opinion of the case, or to announce a

determination to stand for a certain verdict, immediately upon

entering the jury room at the beginning of deliberations. The

reason for this is obvious . We are all human, and it is

difficult to recede from a position once it has been firmly and

definitely stated .

INSTRUCTION NO. 3 During the trial I have ruled on objections to

certain evidence. You must not concern yourselves with the reason

for such rulings since they are controlled by rules of law.

You must not speculate or form or act upon any opinion

as to how a witness might have testified in answer to questions

which I have rejected during the trial, or upon any subject

matter to which I have forbidden inquiry.

In coming to any conclusion in this case, you must be

governed by the evidence before you and by the evidence alone.

You have no right to indulge in speculation,

conjecture, or inference not supported by the evidence. While

you should consider only the evidence in the case, you are

permitted to draw such reasonable inferences from the testimony

and exhibits as you feel are justified in the light of common

experience. In other words, you may make deductions and reach

conclusions which reason and common sense lead you to draw from

the facts which have been established by the testimony and

evidence in the case.

INSTRUCTION NO.

It is important that you bear in mind your duties as

you deliberate. Your duty is to decide what the facts are

from the evidence. You are

allowed to consider the evidence in the light of your own

observations and experiences. After you have

decided what the facts are, you will have to apply those facts

to the law, which I will give you in these and in my other

instructions. That is how you will reach your verdict. Only

you will decide what the facts are. However, you

must follow my instructions, whether you agree with them or

not. You have taken an oath to follow the law that I

give you in my instructions .

In deciding what the facts are, you may have to decide

what testimony you believe and what testimony you do not

believe. You may believe all of what a witness says, or only

part of it, or none of it.

In deciding what testimony to believe, consider the

witnesses 'intelligence, their opportunity to have seen or

heard the things they testify about, their memories, any

reasons they might have to testify a certain way, how they act

while testifying, whether they said something different at

another time, whether their testimony is generally reasonable,

and how consistent their testimony is with other evidence that

you believe.

Expert testimony is testimony from a person who has a

special skill or knowledge in some science, profession, or

business. This skill or knowledge is not common to the average

person but has been acquired by the expert through special study

or experience. In weighing expert testimony, you may consider

the expert' s qualifications, the reasons for the expert's

opinions, the reliability of the information supporting the

expert' s opinions, the consistency of the expert' s opinion

with other evidence, testimony and common sense, as well as the

factors I have previous ly mentioned for weighing testimony of

any other witness. Expert testimony should receive whatever

weight and credit you think appropriate, given all the other

evidence in the case. You are free to accept or reject the

testimony of experts, just as with any other witness.

Do not let sympathy, or your own likes or dislikes,

influence you. The law requires of you a just verdict based only

on the evidence, your common sense, and the law that I give you

in my instructions.

I have not intended to suggest what I think your

verdicts should be by any of my rulings or comments during the

trial. During this trial I may have asked some questions of

witnesses . Do not try to guess my opinion about any issue in

the case based on the questions I asked.

I

INSTRUCTION NO. 5I have mentioned the word "evidence." "Evidence"

includes the testimony of witnesses, documents and other things

received as exhibits , any facts that the parties may stipulate

to

-- that is, formally agree to, and any facts that I may

judicially notice -- that is facts which I say you must accept

as true. Certain things are not evidence:

1) Statements, comments, questions and arguments by

lawyers for the parties are not evidence;

2) Objections are not evidence. Lawyers have a right

to object when they believe something is improper. You should

not be influenced by the objection. If I sustain an objection to

a question, you must ignore the question and must not try to

guess what the answer might have been.

3) Testimony that I strike from the record or tell

you to disregard is not evidence and must not be considered.

4) Anything you see or hear about this case outside

the courtroom is not evidence, unless I specifically told you

otherwise during the trial.

Furthermore, a particular item of evidence is

sometimes received for a limited purpose only. That is, it can be

used by you only for one particular purpose and not for any

other

purpose.

' .Finally, some of you may have heard the terms "direct

evidence'' and "circumstantial evidence ." You are instructed that

you should not be concerned with those terms since the law makes

no distinction between the weight to be given to direct and

circumstantial evidence .

I

INSTRUCTION NO. (oThe parties have stipulated to the following facts

which you must accept as true:

1) The lawsuit was filed on April 4, 2012 .

2) Prism is a limited liability company organized and

existing under the laws of the State of Nebraska, with its

principal place of business at 2323 South 171st Street, Suite

106, Omaha , Nebraska 68130.

3) Prism is the owner of U.S. Patent Nos .

8,127,345 ("the '345 Patent") and 8,387,155 ("the '155

Patent ") (collectively "the Asserted Patents").

4) The '345 Patent issued on February 28, 2012 .

5) The '155 Patent issued on February 26, 2013 .

6) Prism has not made , sold, or offered for sale

any product covered by the Asserted Patents since the Asserted

Patents issued .

7) Defendant Sprint is a limited partnership

organized and existing under the laws of the State of Delaware

with its principal place of business at 6200 Sprint Parkway ,

Overland Park, Kansas 66251 .

8) Sprint 's lawyers represented to the Federal

Communications Commission ("FCC") that .in July 2012,

Sprint possessed 950,000 femtocells .

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INSTRUCTION NO. -,

Certain charts and summaries have been shown to you in

order to help explain the facts disclosed by the books, records,

or other underlying evidence in the case. Those charts or

summaries are used for convenience. They are not themselves

evidence or proof of any facts. If they do not correctly

reflect the facts shown by the evidence in the case, you should

disregard these charts and summaries and determine the facts from

the

books, records or other underlying evidence.

INSTRUCTION NO.

Testimony has been presented to you in the form of

depositions . A deposition is the recorded answers a witness made

under oath to questions asked by lawyers before trial. The

deposition testimony offered was either recorded in writing and

was read to you , or was electronically videotaped and that

recording was played for you . You should consider the deposition

testimony, and judge its credibility , as you would that of any

witness who testifies here in person .

INSTRUCTION NO. qSometimes jurors wonder if the number of witnesses

who testified makes any difference. Do not make any

decisions based only on the number of witnesses who testified

. What is important is how

believable the witnesses were , and how much weight you think

their testimony deserves . Concentrate on that, not the

numbers .

INSTRUCTION NO. \ 0

The burden of proof in this case is the greater weight

of the evidence. You must decide whether certain facts have

been proven by a greater weight of the evidence. The greater

weight

of the evidence means that the fact that is to be proven is more

likely true than not, i.e., that the evidence in favor of that

fact being true is sufficient to tip the scale, even if slightly,

in its favor.

This standard is different from what you may have

heard about in criminal proceedings where a fact must be proved

"beyond a reasonable doubt." That is a stricter standard than

"more likely true than not." It applies in criminal cases,

but not in this civil case; so put it out of your mind.

In determining whether a party has sustained its

burden of proof, you are not limited to the evidence introduced

by that party.Any party to the case is entitled to the benefit

of any evidence tending to establish its contention, even though

such evidence comes from witnesses presented by the other party.

INSTRUCTION NO. \ \ As I previously told you, Prism seeks money damages

from Sprint for allegedly infringing United States Patent No.

8,127,345, issued on February 28, 2012, and United States

Patent No. 8,387,155, issued on February 26, 2013 . For your

convenience, the patents are often referred by their last

three numbers, namely, as the "'345 patent" and the "'155

patent. " Collectively, these patents are referred to as the

"Asserted Patents." Prism filed this action

against Sprint for allegedly infringing the Asserted Patents

by using, selling, and offering for sale in the United States

products and systems that Prism argues are covered by Claims

1 and 33 of the '345 Patent and Claims 7 and 37 of the '155

Patent. These claims are collectively referred as the

"Asserted Claims ."

The systems and methods that are alleged to infringe

are the following Sprint products or services that control

access to and provide wireless data service: 4G LTE; 4G

WiMAX; 3G; Picocells; Femtocells; and Roaming. Prism has the

burden of proving its claims of infringement.

Sprint denies that it has infringed the Asserted

Claims . Your job is to decide whether Sprint has infringed

the

Asserted Claims . If you decide that any Asserted Claim has

.been infringed, you will then need to decide the money

damages which should be awarded to Prism to compensate it for

the infringement.

INSTRUCTION NO. \

At the beginning of the trial, I gave you some

general information about patents, the patent system, and the

patent laws relevant to this case. I will now give you more

detailed instructions about the patent laws that specifically

relate to this case .

Before you can decide many of the issues in this

case, you will need to understand the role of patent "claims

." The patent claims are the numbered sentences at the

end of each patent. The claims are

important because it is the words of the claims that define

what a patent covers . The figures and text

in the rest of the patent provide a description and/or examples

of the invention and provide a context for the claims, but it

is the claims that define the patent 's coverage . Each claim

is effectively treated as if it were a separate patent , and

each claim may cover more or less than another claim.

Therefore , what a patent covers depends, in turn, on

what each of its claims covers .

You will first need to understand what each claim

covers in order to decide whether there is infringement of the

claim . The law says that it is my role to define the terms of

the claims, and it is your role to apply my definitions to the

issues that you are asked to decide in this case. Therefore, as

I explained to you at the start of the case, I have determined

the meaning of the claims and I will provide to you my

definitions of certain claim terms. You must accept

my

definitions of these words in the claims as being correct . It is

your job to take these definitions and apply them to the issues

that you are deciding, including the issues of infringement.

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INSTRUCTION NO. \ 3 I will now explain how a claim defines what it covers.

A claim sets forth, in words, a set of requirements. Each claim

sets forth its requirements in a single sentence. If a device or

a method satisfies each of these requirements, then it is covered

by the claim.

There can be several claims in a patent. Each claim

may be narrower or broader than another claim by setting

forth

more or fewer requirements . The coverage of a patent is

assessed claim-by-claim. In patent law, the requirements of a

claim are often referred to as "claim elements '' or "claim

limitations. " When a thing, such as a system or a method, meets

all of the requirements of a claim, the claim is said to "cover"

that thing, and that thing is said to "fall'' within the scope

of that claim. In other words, a claim covers a system or a

method where each of the claim elements or limitations is present

in that system or method.

Sometimes the words in a patent claim are difficult to

understand, and therefore it is difficult to understand what

requirements these words impose. It is my responsibility to

explain to you the meaning of the words in the claims and the

requirements these words impose.

As I just instructed you, there are certain specific

terms that I have defined, and you are to apply the definitions

as provided in these instructions.

By understanding the meaning of the words in a claim

and by understanding that the words in a claim set forth the

requirements that a system or a method must meet in order to be

covered by that claim, you will be able to understand the scope

of coverage for each claim. Once you understand what each claim

covers, then you are prepared to decide the issues that you will

be asked to decide, such as infringement.

INSTRUCT ION NO . \ 4

The terms in the Asserted Claims have the following

meanings:

a. "access server" means "server software that

makes available information or other resources."

b."adapted to forward" and "adapted to forward

. identity data" mean "configured to forward" and

"configured to forward . . identity data."

c. "authenticate " and "authenticating" mean

"determine/ determining that something is, in fact, what it

purports to be."

d. "authentication server" means "server software

that is independent of the access server and is capable of

storing data and controlling access to protected computer

resources of the access server."

e. "authorize" and "authorizing" mean

"determine/ determining whether to grant access to."

f. "forward " means "transmit. "

g. "identity data associated with at l.east one

cl.ient computer device" means "data sufficient for the system

to determine whether a client computer device is authentic

and/or is entitled to access protected resources."

h. "identity data of a subscriber identity modul.e

associated with at l.east one cl.ient computer device" means

"data sufficient for the system to determine whether a

subscriber

identity module associated with at least one client computer

device is authentic and/or is entitled to access protected

resources ."

i. "identity data of at least one access server"

means "data sufficient for the system to determine whether an

access server is authentic and/or is entitled to access

protected resources ."

j. "an Internet Protocol network" and "network

utilizinq at least one Internet Protocol " mean "an

untrusted network using any protocol of the Internet Protocol

Suite including at least one IP, TCP/IP , UDP/IP , HTTP , and

HTTP/IP, where untrusted is defined as a public network with

no controlling organization , with the path to access the

network being undefined and the user being anonymous ."

k. "protected computer resources ," "protected

resources ," and "protected resources of at least one server

computer" mean "computer services, applications , or content

that is stored within the secure transaction system that can

only be accessed by a server within the secure transaction

system ."

For any terms for which I have not provided you a

definition , you should apply the ordinary meaning. For the

terms that I defined , you are to apply my definitions of

these terms throughout this case . My interpretation of the

meaning of some of the terms should not be taken as an

indication that I have a

view regarding issues such as infringement. Those issues are

yours to decide . I will provide you with more detailed

instructions on the meaning of the claims before you retire to

deliberate your verdict.

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INSTRUCTION NO. \ 5 This case involves two types of patent claims:

independent claims and dependent claims. An "independent claim"

sets forth all of the requirements that must be met in order to

be covered by that claim. Thus, it is not necessary to look at

any other claim to determine what an independent claim covers.

In this case, Claim 1 of the '345 Patent is an independent

claim. The remainder of the Asserted Claims are "dependent

claims. ''

A dependent claim does not itself recite all of the

requirements of the claim but refers to another claim for some of

its requirements. In this way, the claim "depends" on another

claim. A dependent claim incorporates all of the requirements

of the claim(s) to which it refers. The dependent claim

then adds its own additional requirements. To determine what a

dependent claim covers, it is necessary to look at both the

dependent claim and any other claim(s) to which it refers. A

system or a method that meets all of the requirements of both the

dependent claim

and the claim( s) to which it refers is covered by that

dependent claim. In this case, Claim 33 of the '345 Patent and

Claims 7 and 37 of the '155 Patent are dependent.

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INSTRUCTION NO. - \ (o

I will now instruct you how to decide whether Sprint

has infringed the Asserted Patents. Infringement is assessed

on a claim-by-claim basis . Therefore, there may be

infringement as to one claim but no infringement as to another.

To prove infringement , Prism must prove by a greater

weight of the evidence, i.e. that it is more likely than not,

that Sprint made , used, sold, or offered for sale within the

United States a system or method that meets all of the

requirements of a claim and did so without the permission of

Prism during the time the Asserted Patents were in force . You

must compare the system or method with each and every one of

the requirements of a claim to determine whether all of the

requirements of that claim are met.

You must determine, separately for each Asserted

Claim, whether there is infringement. There is one exception

to this rule . If you find that a claim on

which other claims depend is not infringed, there cannot be

infringement of any dependent

claim that refers directly or indirectly to that independent

claim . On the other hand, if you find that an independent

claim has been infringed , you must still decide ,

separately, whether the system or method meets additional

requirements of any claims that depend upon the independent

claim, thus, whether those claims have also been infringed .

A dependent claim includes all

' '

the requirements of any of the claims to which it refers plus any

additional requirements of its own.

In this case, Prism has alleged that Sprint directly

infringes the Asserted Patents . In order to prove

infringement, Prism must prove that the requirements of

infringement are met by a greater weight of the evidence.

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INSTRUCTION NO. \ l If you find that Sprint infringed any Asserted Claim,

you must then consider what amount of damages to award to Prism.

By instructing you on damages, I am not suggesting which party

should win this case, on any issue.

The damages you award must be adequate to compensate

Prism for the infringement. They are not meant to punish an

infringer. Your damages award, if you reach this issue, should

put Prism in approximately the same financial position that it

would have been in had the infringement not occurred. Prism has

the burden to establish the amount of its damages by a greater

weight of the evidence.

Prism has the burden to establish the amount of its

damages by a greater weight of the evidence. In other words,

you should award only those damages that Prism establishes that

it more likely than not suffered.

There are different types of damages that Prism may

be entitled to recover. In this case, Prism seeks a

reasonable royalty. A reasonable royalty is defined as the

money amount Prism and Sprint would have agreed upon as a fee

for use of the invention at the time prior to when infringement

began.

I will give more detailed instructions regarding

damages shortly. Note, however, that Prism is entitled

to

recover no less than a reasonable royalty for each

infringing act.

INSTRUCTION NO.

A royalty is a payment made to a patent holder in

exchange for the right to make, use, or sell the claimed

invention. A reasonable royalty is the amount of royalty payment

that a patent holder and the infringer would have agreed to in a

hypothetical negotiation taking place at a time prior to when the

infringement first began. In considering this hypothetical

negotiation, you should focus on what the expectations of the

patent holder and the infringer would have been had they entered

into an agreement at that time, and had they acted reasonably in

their negotiations. In determining this, you must assume that

both parties believed the patent was valid and infringed and the

patent holder and infringer were willing to enter into an

agreement. The reasonable royalty you determine must be a

royalty that would have resulted from the hypothetical

negotiation, and not simply a royalty either party would have

preferred. Evidence of things that happened after the

infringement first began can be considered in evaluating the

reasonable royalty only to the extent that such evidence aids in

assessing what royalty would have resulted from a hypothetical

negotiation. Although evidence of the actual profits an alleged

infringer made may be used to determine the anticipated profits

at the time of the hypothetical negotiation, the royalty may not

be limited or increased based on the actual profits the

alleged infringer made .

INSTRUCTION NO.

In determining the reasonable royalty, you should

consider all the facts known and available to the parties at

the time the infringement began.Some of the kinds of factors

that you may consider in making your determination are:

1) The royalties received by the patentee for the

licensing of the patents-in-suit, proving or tending to prove

an established royalty.

2) The rates paid by licensees for the use of

other patents comparable to the patent-in-suit.

3) The nature and scope of the license, as exclusive or

nonexclusive, or as restricted or nonrestricted in terms of

territory or with respect to whom the manufactured product may be

. sold.

4) The licensor's established policy and marketing

program to maintain his or her patent monopoly by not licensing

others to use the invention or by granting licenses under

special conditions designed to preserve that monopoly.

5) The commercial relationship between the licensor and

licensee, such as whether they are competitors in the same

territory in the same line of business, or whether they are

inventor and promoter.

6) The effect of selling the patented specialty in

promoting sales of other products of the licensee, the existing

- ..value of the invention to the licensor as a generator of sales of

his nonpatented items, and the extent of such derivative or

convoyed sales.

7) The duration of the patent and the term of the

license .

8) The established profitability of the product

made under the patents , its commercial success, and its

current popularity .

9) The utility and advantages of the patented

property over the old modes or devices, if any, that had been

used for working out similar results .

10) The nature of the patented invention, the

character of the commercial embodiment of it as owned and

produced by the licensor , and the benefits to those who have

used the invention.

11) The extent to which the infringer has made use

of the invention and any evidence probative of the value of

that use .

12) The portion of the profit or of the selling price

that may be customary in the particular business or in

comparable business to allow for the use of the invention or

analogous inventions .

13) The portion of the realizable profits that should

be credited to the invention as distinguished from nonpatented

elements, the manufacturing process, business risks, or

significant features or improvements added by the infringer.

14) The opinion and testimony of qualified experts .

15) The amount that a licensor (such as the patentee)

and a licensee (such as the infringer) would have agreed upon

(at the time the infringement began) if both had been reasonably

and voluntarily trying to reach an agreement; that is, the amount

which a prudent licensee who desired, as a business

proposition , to obtain a license to manufacture and sell a

particular article embodying the patented invention -- would have

been willing to pay as a royalty and yet be able to make a

reasonable profit and which amount would have been acceptable by

a prudent patentee who was willing to grant a license.

No one factor is dispositive and you can and should

consider the evidence that has been presented to you in this case

on each of these factors . You may also consider any other

factors which in your mind would have increased or decreased the

royalty the infringer would have been willing to pay and the

patent holder would have been willing to accept, acting as

normally prudent business people . The final factor establishes

the framework which you should use in determining a reasonable

royalty, that is, the payment that would have resulted from a

negotiation between the patent holder and the infringer taking

place at a time prior to when the infringement began.

INSTRUCTION NO .

In determining the amount of damages, you must

determine when the damages began. If you find that Sprint

infringed only the '155 Patent and not the '345 Patent, the

date when damages begins is February 26, 2013 , which is the

date the

'155 Patent issued. If you find that Sprint infringed just the

'345 Patent or infringed the '155 Patent and the '345 Patent,

the date when damages begins is February 28, 2012, which is the

date the '345 Patent issued .

INSTRUCTION NO. \

In the trial of this case and in this charge, I have

in no way attempted to express my opinion as to who should

prevail upon the issues submitted to you. You must not construe

any statement, action, or ruling on my part in the trial of

this case as an indication of any opinion on my part respecting

the proper course of your verdict . During the course of

a trial, I occasionally ask questions of a witness in order to

bring out facts not fully covered in the testimony. Do not

assume that I hold any opinion on the matters to which the

questions related.

So regardless of what I may have chosen to say, I

must admonish you that you are the sole judges of the facts, and

your verdict must respond to your own conclusions from the

evidence.

INSTRUCTION NO.

Upon your retirement to the jury room, first select one

of your number to be foreperson to preside over your

deliberations and who will sign the form of verdict .You

will then begin your study and deliberations of the case.

In arriving at your verdict , I admonish you that

it must be unanimous . Short of unanimity, you cannot

consider that you have reached any verdict.

A verdict form has been prepared and will be taken

with you when you retire for your deliberations.This form will

be adequate for the expression of any verdict you may properly

agree upon . Your foreperson

only will date and sign the verdict .

Remember , at all times your verdict must be unanimous .

If it becomes necessary during your deliberations

to communicate with the Court , pick up the telephone and it

will ring in my office . Your note will be picked up and

delivered to me. Bear in mind you are not to reveal to me

or to anyone e se how the jury stands, numerically or

otherwise , until you have reached a unanimous verdict.

Upon arriving at your verdict and completion of the

form of verdict by the foreperson , you will have concluded

your task and you will notify me as instructed above .

As the Judge presiding over the trial, I shall be

available throughout the remainder of the day and until your

verdict is returned, and I shall receive it promptly upon its

return.

If you do not arrive at your verdict during the present

court day, you will continue deliberations until you do, with

allowance of time for meals and with an intermission between

5 p.m. and 9 a.m. the next business day. During the time

allotted for meals and night's rest, you will be permitted to

separate, but you should return promptly at the time set for

continuation of your deliberations. During the periods of your

separation, you should keep in mind the admonitions of the Court

concerning your conduct while separated.