AIPLA: Model Patent Jury Instructions [International]

AIPLA [American Intellectual Property Law Association] has released an updated version of the Model Patent Jury Instructions. Please click on the links below to download the Instructions. The Instructions are currently available in the PDF, MS Word, and WordPerfect (to be provided soon) formats.

The Model Jury Instructions are provided as general assistance for the litigation of patent issues. While efforts have been and will be made to ensure that the Model Jury Instructions accurately reflect existing law, this work is not intended to replace the independent research necessary for formulating jury instructions that are best suited to particular facts and legal issues. AIPLA does not represent or warrant that the information contained in the Model Jury Instructions is accurate, complete or current. The work could contain typographical errors or technical inaccuracies, and AIPLA reserves the right to add, change or delete its contents or any part thereof without notice.

The Model Patent Jury Instructions are available for download here:

MS Word Version, Model Patent Jury Instructions (Word Document)

PDF Version, Model Patent Jury Instructions (PDF File)

No Public Use with General Understanding of Confidentiality from Observers

In American Seating v. USSC Group (January 29, 2008) the Federal Circuit affirmed a jury finding of no invalidity for public use where

. . . As they improved the invention, on several occasions Ditch and Razavi placed evolving prototypes in an out-of-service bus for the purpose of soliciting feedback from friends and colleagues who to varying degrees assisted in the invention’s development.Contrary to USSC’s argument, the fact that the inventors revealed the prototype to a select group of individuals without a written confidentiality agreement is not dispositive. When access to an invention is clearly limited and controlled by the inventor, depending upon the relationships of the observers and the inventor, an understanding of confidentiality can be implied. Id. at 1381; Moleculon Research Corp. v. CBS, Inc., 793 F.2d 1261, 1265-66 (Fed. Cir. 1986). In this case, the jury was entitled to conclude that Ditch, Razavi, and the limited number of people permitted to view the tie-down restraint system prototype shared a general understanding of confidentiality. Ditch demonstrated the prototype on an out-of-service bus, solicited feedback, and removed the invention to store under his control. There was no evidence that the prototype was placed in service before December 1995, and no evidence that an unrestricted number of people unconnected with the development of the invention observed the invention in use. The district court properly confirmed the jury verdict that the ‘038 patent is not invalid for public use.