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A Primer on How to Present Patents to Juries

41 Pages Posted: 3 May 2012 Last revised: 2 Jan 2015

David Philip Kohn

affiliation not provided to SSRN

Date Written: May 3, 2012

Abstract

In patent cases, it is necessary to present complex scientific, technical and legal information in ways that jurors can understand. This will often pose significant challenges for practitioners.

This article is intended to assist with the task of presenting patent cases to juries. The practice tips and techniques in this article cover areas from basic patent law to infringement and invalidity to the doctrine of equivalents to prosecution history estoppel. Translating scientific and technological concepts into understandable terms is also demonstrated.

A heavy emphasis is placed on visual explanations and demonstratives, and on reducing complicated terminology into more accessible language without losing the substantive content.

The techniques herein will greatly assist patent attorneys who wish to communicate effectively with jurors, regardless of how unfamiliar the jury might initially be with the complicated subject matter necessarily present in every patent trial.

Keywords: patent, litigation, techniques, jury, juries, presentation, complex, trial, advocacy, intellectual property

Suggested Citation

Kohn, David Philip, A Primer on How to Present Patents to Juries (May 3, 2012). Available at SSRN: https://ssrn.com/abstract=2050612 or http://dx.doi.org/10.2139/ssrn.2050612

David Philip Kohn (Contact Author)

affiliation not provided to SSRN ( email )

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