Free Notice of Filing Proposed Pretrial Order - District Court of Arizona - Arizona

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Case 2:02-cv-01954-MHM

EXHIBIT 12 JOINT PARTIES' PROPOSED FORM OF VERDICT SPECIAL INTERROGATORY ONE: Based on the evidence presented to you at trial, which software was created first? ____ The Lexcel Software was created before the Nelcela Software ____ The Nelcela Software was created before the Lexcel Software

SPECIAL INTERROGATORY TWO: (to be answered only if you find that the Nelcela Software was created before the Lexcel Software): Based on the evidence presented to you at trial, has Nelcela proven by a preponderance of the evidence that it owns a registered copyright in the file "bnkmerch.pbl"? ____ Yes ____ No

SPECIAL INTERROGATORY THREE: (to be answered only if you answered "Yes" to Special Interrogatory Two): Based on the evidence presented to you at trial, do you find that POST usesthe bnkmrch.pbl file in its credit card processing software? ____ Yes ____ No

Document 424-6

Filed 01/19/2007

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Case 2:02-cv-01954-MHM

EXHIBIT 13 NELCELA'S PROPOSED FORM OF VERDICT Please check which applies: ______ Based on the evidence presented at trial, we, the jury, find that

Nelcela, Inc. is the owner of the software at issue in this case. ______ Based on the evidence presented at trial, we, the jury, find that

Lexcel, Inc. is the owner of the software at issue in this case. ______ Based on the evidence presented at trial, we, the jury, find that

Lexcel Solutions, Inc. is the owner of the software at issue in this case. ______ Based on the evidence presented at trial, we, the jury, find that

Merchant Transaction Systems, Inc. ("MTSI") is the owner of the software at issue in this case.

Please also indicate if the following applies: ______ Based on the evidence presented at trial, we, the jury, find that Post

Integrations, Inc. ("Post") is infringing on software owned by Nelcela, Inc.

Document 424-6

Filed 01/19/2007

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