11.1.1 THE PARTIES AND THE NATURE OF THE CASE
This is a patent case. It involves U.S. Patent No[s]. ______, ______, and _____.Patents are often referred to by their last three digits. I will call the patent[s] in this case the ____, ____, and ____ patent[s].The ___ patent relates to [
briefly describe technology or subject matter involved;repeat as necessary for each patent
]. During the trial, the parties will offer testimony tofamiliarize you with this [technology; subject matter].Plaintiff contends that Defendant [infringed; is infringing] the ___ patent by its[making / using / selling / offering for sale / importing] _____________. Plaintiff contendsthat it is entitled to recover damages caused by that infringement. [Plaintiff also contends thatDefendant’s infringement was willful.]Defendant [denies that it [infringed; is infringing] the ___ patent] [and] [contends thatthe ___ patent is invalid].I will explain these contentions to you later. First, I will give you some backgroundabout the U.S. patent system, the parts of a patent, and how a person gets a patent.
1. The purpose of the proposed preliminary instructions is to give the jury an overview of theapplicable law, rather than a detailed description of the law that the jury ultimately will apply duringits deliberations. The trial judge may, if she wishes, use as preliminary instructions the morecomplete set of applicable instructions contained in Sections 2 through 4.2. The bracketed section in the second paragraph is intended to include a short descriptiveoverview of the nature of the patented technology, without getting into the details of that technology.
CA7 final patent jury instructions - July 25, 2008