Membership in the FCBA
The Association can help you stay informed about the latest precedent from the Federal Circuit, trends in the development of the law, as well as other court-related information. Your membership will provide you with the Journal's insightful articles, case summaries, the Newsletter's updates, and materials from past conferences as well as discounts to events and complimentary webcast attendance. For more information on benefits, please go here.
Association has deep concern for Sandy’s impact on its members, their
families, and communities along the East Coast. Click here for our expression of concern, here for information on organizations providing assistance, and here to enter suggestions on needed assistance or to offer first-hand accounts. This page contains first-hand accounts from FCBA members and a compilation of news regarding the storm and recovery.
Chief Judge Randall R. Rader’s Keynote Speech
Eastern District of Texas Bench and Bar Conference, October 20-November 1, 2013.
Chief Judge Rader’s remarks underscore the distinction between considerations of “litigation abuse” (“not unique to patent law”) and the separate “crisis of confidence” experienced in patent law’s role for encouraging innovation. A transcript of his speech can be found here.
The Challenge of Delivering Justice in Tight Fiscal Times
Chief Justice Roberts' annual report on the Judiciary details the extraordinary efforts of the Article III Branch to meet its essential contribution to our Society. In Fiscal Year 2012, the Courts represented a "mere two-tenths of one percent of the United States' total budget of $3.7 trillion." "Yes, for each citizen’s tax dollar, only two-tenths of one penny go toward funding the entire third branch of government!” For more details, click here.
and its likely further serious impact on the Courts remains troubling. By letter dated August 13, 2013, 87 US District Court judges expressed “grave concern.” [Link] More on the Judiciary’s expressions of serious implications can be found at
The Advanced Complex Litigation (ACL) Series
from the role of the Bench or the Bar, advanced complex litigation
skills (and the tools around which they are built) are the cornerstones
of the judicial system’s ability to resolve matters with efficiency and lowest possible cost. (See “The Challenge of Delivering Justice in Tight Fiscal Times,” above.) The ACL Series benefits from the insights of the country’s most experienced judges and practitioners. Programs are underway now. Click here for program dates, registration, and materials.
AIA PTO Pro Bono Program
The Association is pleased to announce its new national and regional pro bono outreach in the patent community. In these roles, the FCBA advances its commitment to supporting pro bono and to encouraging innovation. Interested unrepresented inventors and attorneys will find this outreach to include significant new opportunities. For more details, click here.
State of Patent Litigation
On September 27, 2011, at the Eastern District of Texas Bench and Bar, Chief Judge Randall R. Rader highlighted areas deserving of attention to improve patent litigation. A pdf of this can be found here. Chief Judge Rader cited six important areas of focus for both Bench and Bar consideration and improvement, including the problem of excess e-discovery. A model order planning group proposed a "Model Order on E-Discovery in Patent Cases". That model order can be found here.
More recently, a model order planning group, including members of the judiciary and the patent bar, developed suggestions for a “Model Order Limiting Excess Patent Claims and Prior Art.” This latest model order follows the earlier effort on e-discovery and can be found here. These proposals encourage stakeholder collaboration on case management, including limiting claims and prior art, developing jury instructions, and establishing reasonable limits on e-discovery, in an on-going dialogue within the Federal Circuit community.
FCBA Jury Instructions
Important! The Association patent jury instructions have recently been revised as of February 2013. Offering a comprehensive resource and structured in "plain English", judges and lawyers will find these instructions key resources and ready for tailoring to the particular case. The instructions are available in pdf format here, with the changes from the previous version visible here.
FCBA Jury Instructions Suggestions
The 2013 FCBA Model Patent Jury Instructions provide a revised instruction on willful infringement See Section B.3 Infringement (3.8 Willful Infringement.) The revisions were prompted by excellent suggestions from our readers. Please submit comments using this form.