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Patent Case Management Judicial Guide - UC Berkeley Law
While a plain- tiff may assert one set of patents, a defendant may counterclaim for infringement of its own patents. See Comments to Instruction 1.12, Ninth
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Patents 2016
Also, a patent defendant in a U.S. district court may bring an affirmative counterclaim for declaratory judgment of invalidity. Finally, a patent infringement
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ELEVENTH CIRCUIT PATTERN JURY INSTRUCTIONS (
Defendant, [name of defendant], [describe claim(s)]. [Name of defendant] denies those claims and contends that [describe counterclaims or affirmative defenses].
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