One of the fundamental goals of the
Instructions is to provide a neutral set of jury instructions that would not be
biased in favor of either the patent owner or the accused infringer. These
Model Instructions are not intended to address every conceivable issue that
might arise in patent litigation. Instead, Instructions are provided on those
issues that typically arise in patent litigation and that have clear precedential
support. It is incumbent upon the litigants to tailor these Instructions to the
specific issues in their particular case and to simplify the tasks for the
Court and the jury by not providing superfluous or confusing instructions. It
is also intended that these Instructions will be used in conjunction with other
instructions dealing with non-patent issues such as credibility, and that the
trial court will further the jury’s understanding of these Instructions by
relating the legal principles in the Instructions to the particular factual
contentions of the parties.
The Jury Instructions also include
helpful practice notes and substantial citation to relevant authority. A sample practice note provides:
Practice
Note: The concepts of direct infringement based on joint
infringement and indirect infringement based on inducement to infringe
(Instruction 3.10) are closely-related and may be confusing to the jury. Care
should be taken to be clear regarding the Instructions on each issue and what
findings the jury is being asked to make. Only if these theories of
infringement are alleged and have been adequately supported by sufficient
evidence should these Instructions be given. If both Instructions are being
given, consideration should be given to instructing on joint infringement and
inducement to infringe (Instruction 3.10) back-to-back and in a manner that
readily allows the jury to appreciate the difference between the two theories,
the evidence required to support each, and the specific findings they are being
asked to make on each.
The Jury Instructions also include pre-AIA as well as
post-AIA law. The Jury Instructions are
75 pages long and a substantial contribution to patent law practice. Kudos to Jennifer Librach Nall and Ajeet Pai,
Co-Chairs, Model Patent Jury Instructions Subcommittee, Patent Litigation
Committee, and all involved.
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