9 Patent Infringement (35 U.s.c. § 271, Et Seq.)

LibraryFederal Civil Jury Instructions for the Fifth Circuit
Edition2020
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tions of Fifth Circuit Pattern Jury Instructions are out of date, and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
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