American Intellectual Property Law Association (AIPLA) Model Patent Jury Instructions (June 18, 2012)
By Cindy Spohr
LexisNexis released American Intellectual Property Law Association (AIPLA) Model Patent Jury Instructions to provide patent attorneys with general assistance in litigating patent issues. Founded in 1897, AIPLA is a national bar association constituted primarily of lawyers in private and corporate practice, in government service and in the academic community. AIPLA represents a wide and diverse spectrum of individuals, companies and institutions involved directly or indirectly in the practice of patent, trademark, copyright, trade secret and unfair competition law, as well as other fields of law affecting intellectual property. AIPLA members represent both owners and users of intellectual property.
AIPLA Model Patent Jury Instructions are valuable to all patent litigators because they are:
- Pertinent—Issues that arise most often in patent litigation are covered in AIPLA Model Patent Jury Instructions.
- Impartial—AIPLA Model Patent Jury Instructions are not biased in favor of either the patent owner or the accused infringer.
- Focused—Issues covered in AIPLA Model Patent Jury Instructions have clear precedential support. This clarity expedites tailoring the instructions to the particular case.
- Straightforward—AIPLA Model Patent Jury Instructions do not include superfluous instructions that must be reviewed and discarded.
- Unifying—AIPLA Model Patent Jury Instructions are intended to be used in conjunction with other instructions dealing with non-patent issues. This allows the trial court to expand the jury’s understanding of the legal principles raised in the factual contentions of the parties.
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