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The Use of Demonstratives in Patent Litigation

By Paul A. Ragusa and Peter J. Shen, Ph.D.
December 02, 2004

A picture is worth a thousand words ' or perhaps more ' when the concept being described is complicated, abstract or unfamiliar. By its very nature, the technology associated with a patent demands the use of visual and other aids in order to be understandable by a juror, judge, or other trier of fact. Not surprisingly then, demonstratives are essential tools in patent litigation to illustrate or contradict fact and expert witness testimony, as teaching aids in Markman hearings, and in opening and closing arguments. A number of legal and practical considerations should be kept in mind when preparing and using demonstrative aids.

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