Jury Instructions

Model and sample jury instructions provide a starting point for developing case-specific jury instructions. Links to several compilations of model jury instructions, including the Northern District’s Model Patent Jury Instructions, are included on this page.

Ninth Circuit Model Civil & Criminal Jury Instructions

Northern District’s Model Patent Jury Instructions

2017 revision (updated December 2018*):

*NOTE: In December 2018, the Court approved a change to paragraph 5b of the Sample verdict form (page 60). The question relating to willful infringement was changed to conform to recent case law as follows.

Prior version: Has the Patent Holder proven that it is highly probable that the Alleged Infringer actually knew, or it was so obvious that Alleged Infringer should have known, that its actions constituted infringement of a valid and enforceable patent?

Revised version: Has the Patent Holder proven that it is more likely than not that the Alleged Infringer actually knew, intentionally ignored, or recklessly disregarded that its actions constituted infringement?