9 Pantent Infringement (35 U.S.C. § 271, ET SEQ.)

• Library: Federal Civil Jury Instructions for the Fifth Circuit
• Edition: 2020
• Currency: 2020 Ed

9

PATENT INFRINGEMENT (35 U.S.C.

§ 271, ET SEQ.)

Comment

The patent infringement instructions included in previous edi-

tions of Fifth Circuit Pattern Jury Instructions are out of date, and

courts and parties should not rely upon them.

The following sources may be helpful in drafting jury charges

in patent cases. In consulting any of these materials, the user

should take into account the Leahy-Smith America Invents Act,

which was signed into law on September 16, 2011.

Federal Circuit Bar Association, Model Patent Jury Instruc-

tions (2010), available at http://federalevidence.com/pdf/JuryInst/F

BA_Patent_Jury_Instr2010.pdf.

The National Jury Instruction Project, Model Patent Jury

Instructions (2009), available at http://federalevidence.com/pdf/Jur

yInst/Nat_Patent_JI_2009.pdf.

American Intellectual Property Law Association, Guide to

Model Patent Jury Instructions (2007), available at http://federale

vidence.com/pdf/JuryInst/AIPLA_Patent_Inst_2007.pdf.

American Bar Association Section of Litigation, Model Jury

Instructions: Patent Litigation (A.B.A., Chicago, Ill., 2005).

Seventh Circuit Pattern Jury Instructions (Civil) (2009),

Instructions 11.1–11.4, pp. 188–261. Instruction 11.1 provides pre-

liminary instructions, Instruction 11.2 deals with infringement,

Instruction 11.3 covers invalidity, and Instruction 11.4 concerns

damages.

Northern District of California, Model Patent Jury Instruc-

tions (2011), available at http://www.cand.uscourts.gov/juryinstruc

tions

80