Step 8: Trial Trial: Mainly by Jury More than 95% of patent cases are tried by jury. The parties may waive the right to a jury trial and have the court try the case, but such waivers are rare. In jury trials, must propose jury instructions. Presentation of the evidence is normally framed by opening and closing arguments. Live testimony is generally elicited from witnesses, both fact and expert, and each party can offer documents or physical items into evidence, generally through the testimony of the witnesses. Jury Trial: Part 1 The jury must have at least 6 and no more than 12 jurors. A typicalRead More →

Overview Of US Law –Federal and State Federal laws enacted by US Congress Patents are exclusively governed by federal law. The principal source of federal law governing patents is Title 35 of the US Code. Common law system relies on judicial precedent. Federal court decisions interpret the statutes and, in some cases, create law themselves. For example, the doctrine of equivalents has no independent statutory basis. Federal Rules of Civil Procedure and the Federal Rules of Evidence apply in patent cases. In addition, many district courts have instituted local rules specific to patent litigation. State laws enacted by individual states State law has little orRead More →