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Table Of Contents

1 PRELIMINARY INSTRUCTIONS
1.1 WHAT A PATENT IS AND HOW ONE IS OBTAINED
1.2 THE PATENT INVOLVED IN THIS CASE
1.3 THE POSITIONS OF THE PARTIES
1.4 BURDEN OF PROOF—PREPONDERANCE OF THE EVIDENCE
1.5 BURDEN OF PROOF—CLEAR AND CONVINCING EVIDENCE
1.6 GLOSSARY OF PATENT AND TECHNICAL TERMS
2 FINAL JURY INSTRUCTIONS
2.1 CONTENTIONS OF THE PARTIES
3.1 DIRECT INFRINGEMENT—GENERALLY
3.4 OPEN-ENDED OR “COMPRISING” CLAIMS
3.5 “CONSISTING ESSENTIALLY OF” CLAIMS
3.6 “CONSISTING OF” CLAIMS
3.7 INFRINGEMENT OF DEPENDENT CLAIMS
3.8 DIRECT INFRINGEMENT—DOCTRINE OF EQUIVALENTS
3.9 DIRECT INFRINGEMENT—MEANS-PLUS-FUNCTION CLAIMS
3.10 INDIRECT INFRINGEMENT
3.11 INDUCING PATENT INFRINGEMENT14
3.12 CONTRIBUTORY INFRINGEMENT15
4 WILLFUL INFRINGEMENT
4.1 WILLFUL INFRINGEMENT
5.1 VALIDITY—GENERALLY
5.2 WRITTEN DESCRIPTION
5.6 ANTICIPATION—MADE OR INVENTED BY SOMEONE ELSE
5.7 STATUTORY BARS
5.9 OBVIOUSNESS—(Alternative)
5.10 SCOPE AND CONTENT OF PRIOR ART
5.11 DIFFERENCES OVER THE PRIOR ART
5.12 LEVEL OF ORDINARY SKILL
6.1 DAMAGES: GENERALLY
6.2 DAMAGES—BURDEN OF PROOF
6.3 DAMAGES—WHEN DAMAGES BEGIN
6.4 DAMAGES—LOST PROFITS
6.5 REASONABLE ROYALTY – ENTITLEMENT34
6.6 REASONABLE ROYALTY – DEFINITION35
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National Patent Jury Instructions Draft 12-5-2008

National Patent Jury Instructions Draft 12-5-2008

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Published by: annenb on Jun 06, 2011
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