Patent Jury Instructions

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Our handbook, the Patent Jury Instruction Handbook, published by West (a Thomson-Reuters business), and available on Westlaw, provides over 25 sets of recent jury instructions given by district courts in patent infringement actions. We carefully chose the sets to provide a comprehensive collection of jury instructions on the issues most often addressed in patent infringement jury trials. We also selected specific instruction sets to show the range of treatment that a court may request the jury to give to the various patent issues. By providing instructions actually given by the judges, rather than those proposed by the parties, we have avoided the inherent bias often lurking in the parties’ proposed instructions. Additionally, we have also included some of the more popular model patent jury instructions.

Our handbook also includes commentary interspersed throughout the book to provide additional information of how variations in circumstance in conjunction with the patent law may require modification of the instructions.

Links to Model Patent Jury Instructions

National Patent Jury Instruction Projection
(Last Revised June 17, 2009)

AIPLA Model Patent Jury Instructions
(Last Revised March 2008)

Northern District of California
(Last Revised Nov. 29, 2007)