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CA7 pattern patent-law jury instructions (final) - July 2008

CA7 pattern patent-law jury instructions (final) - July 2008

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Published by Brian C. Hagerty
Final pattern jury instructions for patent cases, from the U.S. Court of Appeals for the Seventh Circuit (CA7), dated July 2008. These instructions supersede the proposed instructions dated February 2008. This copy includes date information and a descriptive footer that was not in the original document.
Final pattern jury instructions for patent cases, from the U.S. Court of Appeals for the Seventh Circuit (CA7), dated July 2008. These instructions supersede the proposed instructions dated February 2008. This copy includes date information and a descriptive footer that was not in the original document.

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Published by: Brian C. Hagerty on Aug 14, 2008
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05/09/2014

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111.
 
P
ATENTS
11.1. Preliminary Instructions to Be Given at Outset of Trial11.1.1 The Parties and the Nature of the Case11.1.2 The Patent System11.1.3 How a Patent Is Obtained11.1.4 The Parts of a Patent11.1.5 The Patent Claims11.1.6Issues to Be Decided11.1.7Infringement; Burden of Proo11.1.8Direct Infringement11.1.9Indirect Infringement11.1.10Willful Infringement11.1.11Damages11.1.12Invalidity11.1.13Invalidity Anticipation11.1.14Invalidity Obviousness11.1.15Invalidity — Written Description / Claiming Requirements11.1.16Person of Ordinary SkillFinal Instructions11.2. Infringement11.2.1 The Patent System11.2.2Person of Ordinary Skill11.2.3 The Parts of a Patent11.2.4The Patent Claims11.2.5Infringement: Interpretation of the Patent Claims11.2.6Independent and Dependent Claims11.2.7 Means-Plus-Function Claims11.2.8 “Comprising” / “Consisting Of” / “Consisting Essentially Of”11.2.9Interpretation of the Patent Claims11.2.10Direct Infringement Elements11.2.11.1Infringement Definition11.2.11.2Infringement — Doctrine of Equivalents11.2.11.3Infringement — Means-Plus-Function Claim Language11.2.11.4Determining Infringement11.2.12Indirect Infringement Inducement11.2.13Indirect Infringement — Contributory Infringement11.2.14Willful Infringement11.3. Invalidity11.3.1Validity General11.3.2Invalidity Specification Requirements
CA7 final patent jury instructions - July 25, 2008
CA7 model patent jury instructions
Final version - created (and last modified by its creator) on July 25, 2008
 
211.3.2.1Specification Requirements — Written Description11.3.2.2Specification Requirements — Enablement11.3.2.3Specification Requirements — Best Mode11.3.2.4Specification Requirements Indefiniteness11.3.3Section 102 and 103 Defenses — Definition of Prior Art11.3.4Section 102 Defenses Prior Art - Definitions11.3.5Section 102 Defenses Elements11.3.6Obviousness11.3.6.1Obviousness — Additional Factors Indicating Non-Obviousness11.3.6.2Obviousness – Combining of Prior Art References11.3.7Inequitable Conduct11.4. Damages11.4.1Damages General11.4.2Two Types of Damages — Lost Profits & Reasonable Royalty11.4.3Lost Profits11.4.3.1Lost Profits — 
 Panduit 
Test11.4.3.2Lost Profits — Two Supplier Market11.4.3.3Lost Profits — Market Share Method11.4.3.4Lost Profits Collateral Sales11.4.3.5Lost Profits Price Erosion / Cost Increases11.4.3.6Lost Profits Amount11.4.4Reasonable Royalty11.4.5Single / Multiple Recoveries for Infringing Act11.4.6Requirement of Notice (Claims Involving Products)11.4.7Totaling the Damage Award
CA7 final patent jury instructions - July 25, 2008
 
1
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.
Committee Comment
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

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