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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.

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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

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USING A “REPTILE” STYLE OPENING STATEMENT

Plaintiff Trial Lawyer Tips

Since the publication the defense bar has concentrated on how to prevent and object to use of this approach. Based this argument on jury instruction Cover each item one by one & explain 7 WHAT CAN THE JURY DO ABOUT IT? ” In this case the label rule can cause judges to object as improper instructing on the law.

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Strobel v. Johnson & Johnson: Got a Hearsay Problem? Don't Give Up.

Evidence at Trial

But with hearsay having so many exceptions, the most obvious objection may not be the most effective. Judicial Council Of California Civil Jury Instruction 202, Judicial Council Of California Civil Jury Instruction 202. A sustained objection isn’t necessarily a dead end. What about relevance?

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The Power of Media Coverage: How it Shapes Jurors’ Perceptions and How Scientific Jury Analysis Can Help Mitigate Bias

Jury Analyst

Media coverage that aligns with jurors’ preconceptions can strengthen their biases, hindering their ability to evaluate evidence objectively. By raising awareness, jurors may become more mindful of their own biases and take proactive steps to evaluate evidence objectively.

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Strategies to Mitigate the Effect of Confirmation Bias During Jury Selection and Deliberation

Jury Analyst

However, the intuitive approach to jury selection is subject to cognitive biases and relies on subjective impressions and stereotypes. The scientific approach to jury selection implements safeguards against human bias and uses objective methods. The results can also inform oral voir dire strategies.

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Strategies to Mitigate the Effect of Confirmation Bias During Jury Selection and Deliberation

Jury Analyst

However, the intuitive approach to jury selection is subject to cognitive biases and relies on subjective impressions and stereotypes. The scientific approach to jury selection implements safeguards against human bias and uses objective methods. The results can also inform oral voir dire strategies.