article thumbnail

CAFC: Jury Instructions Must Address Each Objective Indicia of Nonobviousness Raised by Patent Owner

IP Watchdog

Judge Richard Taranto authored the opinion and held that an improper jury instruction given at trial by the district court required vacatur of the court’s final judgment that Inline’s patent claims were invalid for obviousness. Court of Appeals for the Federal Circuit issued a precedential ruling in Inline Plastics Corp.

article thumbnail

DON’T WIN THE BATTLE BUT LOSE THE WAR OVER CAUSATION AS A TRIAL ISSUE

Plaintiff Trial Lawyer Tips

The reality is that a jury, following the jury instructions can find significant negligent conduct they object to, but conclude it did not cause the harm plaintiff is complaining about. See: Washington Pattern Jury Instruction 21.01 See: Washington Pattern Jury Instruction 21.01 It could be scales.

Insiders

Sign Up for our Newsletter

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.

Trending Sources

article thumbnail

CONSIDER A TRIAL CHECKLIST

Plaintiff Trial Lawyer Tips

Review issues & exhibits to be used Defense Witnesses  Review interrogatory disclosures & summarize for possible use in cross  Review deposition testimony & make summaries  Index any deposition exhibits  Review any videotaped depositions for use of excerpts in cross examination  Ensure they have reviewed all relevant exhibits involving (..)

article thumbnail

Designation of “Work Product” Supports Inference of Intentional Spoliation

E-Discovery LLC

As a result, the Court will give an adverse inference instruction to the jury; the exact content of this instruction will be determined during the jury instruction conference. 3d 1040, 1056–57 (S.D. at *3 (emphasis added).

article thumbnail

DEALING WITH THE “ERROR OF JUDGMENT” DEFENSE IN MEDICAL MALPRACTICE CASES

Plaintiff Trial Lawyer Tips

Some states, like Washington, approve a jury instruction on this concept. A common defense in medical malpractice cases is to assert the cause of the injury was an unintended outcome following medical judgment regarding acceptable choices between alternative medical judgments.

article thumbnail

What I’ll Be Watching for in the Amgen Oral Arguments

IP Watchdog

Depending on how the court focuses its analysis, the opinion could be as narrow as how the jury instruction should read for pharmaceutical antibody claims written in the form of “a binding site plus a function.”

article thumbnail

Fifth Circuit Affirms Texas Court’s Judgment that Ericsson Complied with FRAND Obligations

IP Watchdog

The U.S. (..)