Wednesday, December 10, 2008

New Proposed Patent Jury Instructions -- comments wanted

From Patently-O comes this note that a committee formed at the request of Federal Circuit Chief Judge Paul. R. Michel has released a set of Model Patent Jury Instructions for public review and comment. I/P Updates reports that comments are due by February 1, 2009.

This appears to be a project that is spearheaded by the Intellectual Property Owners Association. While not an "official" committee in the sense that it is endorsed by a particular court, the resulting instructions are comprehensive and well-thought-out. While any set of jury instructions will ideally be closely tailored to the facts and issues of the case at hand, the draft model set provides a useful review of patent law concepts expressed in a way that is designed to be understood by lay jurors. You can access the proposed instructions here.

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