One of the most important questions facing a party going to trial in a patent action is whether a jury will help or hurt the party's chance of winning.
Jury Trials in Patent Cases: Practical and Legal Considerations
One of the most important questions facing a party going to trial in a patent action is whether a jury will help or hurt the party's chance of winning. Recent Federal Circuit and Supreme Court decisions confirm that patentees actually have considerable control over whether a judge or a jury decides the disputed facts. These decisions hold that the Seventh Amendment does not require a jury trial in patent cases where the relief sought is purely equitable, and the right to a jury trial can be lost if damages claims are dismissed. This article explores some of the legal and tactical considerations behind deciding whether to seek a jury trial.
By
John M. Griem, JR. And Emily Jayne KunzThis premium content is locked for LawJournalNewsletters subscribers only
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