At every jury trial involving patent-infringement or -invalidity claims, a judge must tell jurors what the law is and how to apply it when reaching a verdict. In the legal community, patent law is known as one of the most complicated and specialized areas of law, so this is asking a lot of most judges, who have broad and vast legal knowledge, but do not typically specialize in patent law. Fortunately, organizations including the American Intellectual Property Law Association (AIPLA) publish model patent jury instructions. These model instructions are helpful templates that ultimately save litigants and the public substantial resources compared to the alternative, where patent jury instructions would need to be drafted from scratch in every case.
Continue Reading AIPLA’s Updated Model Patent Jury Instructions Address “Clear and Convincing” Standard of Proof & Streamline Case Citations