Pretrial statements or memoranda of counsel for the parties are frequently required either by the governing statute or rules of court, or by order of the judge. These statements may be joint or separate and are prepared prior to pretrial conference and presented to the judge or magistrate. They should cover all of the matters that counsel may be able to agree on before the conference, and should be as complete and as detailed as the statute, rules, or order may direct.
The pretrial statement or memorandum may include a brief statement of the material facts as claimed by each party and of the points of law, and a citation of authorities in support of each point, on which the party intends to rely at the trial. It may also include a list of all exhibits each party expects to offer at the trial, other than those to be used for impeachment, with a sufficient description of each exhibit and a statement of the purpose for which it will be offered.
This form is a sample of such a case.
West Virginia Plaintiff's Pretrial Memorandum for a Bench Trial in a Patent Case: 1. Introduction: In a patent infringement case, the plaintiff's pretrial memorandum is a crucial document that outlines the plaintiff's claims and supporting evidence. This memorandum serves as a roadmap for the court, highlighting the key issues and arguments the plaintiff will present during the bench trial. 2. Case Overview: Provide a brief summary of the patent case, including the plaintiff's patent(s) at issue, the defendant(s) involved, and the alleged infringement(s). Include relevant background information about the patented invention and its impact in the industry. 3. Statement of Claims: List and describe the specific claims asserted by the plaintiff in the lawsuit. Clearly define the elements of each claim and how the defendant's accused product or process allegedly infringes upon the plaintiff's patent rights. 4. Jurisdiction and Venue: Explain why the particular court in West Virginia has jurisdiction over the case and why the chosen venue is appropriate. Mention any related cases or proceedings that may impact the trial. 5. Patent Ownership and Validity: Present evidence establishing the plaintiff's ownership of the patent(s) in question. Include details about the patent's current status, including its validity and enforceability. If there are any challenges to the patent's validity, address them and provide arguments supporting its validity. 6. Infringement Analysis: Provide a detailed analysis of how the defendant's accused product or process directly infringes upon the plaintiff's patent(s). Cite relevant claim elements and compare them to the accused product or process, emphasizing similarities and identifying any deviations. 7. Prior to Art and Obviousness: Address any potential prior art references that the defendant may rely on to challenge the validity of the plaintiff's patent(s). Explain why these references do not anticipate or render obvious the patented invention, highlighting any limitations or distinctions. 8. Damages: Discuss the damages sought by the plaintiff, including both compensatory and potentially punitive damages. Present methodologies used to calculate damages and provide supporting evidence of economic harm caused by the alleged infringement. 9. Injunctive Relief: Briefly discuss the plaintiff's request for injunctive relief, explaining why it is necessary to prevent ongoing or future harm resulting from the defendant's infringement. Reference any irreparable harm that may result if the injunction is not granted. 10. Witnesses and Expert Testimony: List the witnesses, including experts, whom the plaintiff intends to call during the bench trial. Provide a summary of each witness's qualifications, the expected testimony, and its relevance to the case. 11. Trial Exhibits: Enumerate the exhibits the plaintiff plans to introduce at trial, including relevant documents, patents, diagrams, prototypes, or any other physical evidence. Provide a brief description of each exhibit and its connection to the plaintiff's claims. 12. Proposed Findings of Fact and Conclusions of Law: Include a section where proposed findings of fact and conclusions of law are presented. These should outline the plaintiff's position on the factual matters to be determined by the court, as well as the applicable legal standards and their application to the case. West Virginia Plaintiff's Pretrial Memorandum for a Bench Trial in a Patent Case can vary depending on the specifics of the case and the court's local rules. However, the general structure and content outlined above will provide a comprehensive framework for such a memorandum.
