It is commonplace to bemoan the lack of juror comprehension in patent cases and to describe jury deliberations as a “black box” resisting analysis. The Federal Circuit favors the use of special jury verdicts to alleviate such criticisms. Special verdicts can focus jury attention on the facts that may or may not support key patent findings… Continue Reading
Category Archives: Jury Instructions
Subscribe to Jury Instructions RSS FeedTracking Down the Elusive Obviousness Special Verdict Form
Posted in Jury Instructions, Patent LitigationJudges and legal commentators have long cautioned patent practitioners about the pitfalls of “obviousness” jury determinations that pose only the ultimate question: Has defendant proven by clear and convincing evidence [or that it is highly probable] that Claim X of the ’123 Patent is obvious? Yes ____ No ____. Whether the answer is yes or… Continue Reading
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