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Patents The Courts Apple

Why Juries Have No Place In the Patent System 387

New submitter Isara writes "GigaOm's Jeff John Roberts has a compelling writeup about patent trials and how juries are detrimental to justice in such cases. Roberts uses the recent Apple-Samsung trial as the backdrop for his article; although the trial lasted three weeks, during which hundreds of documents were presented and the finer points of U.S. patent law were discussed, the jury only took 2-3 days to deliberate. 'Patents are as complex as other industrial policies like subsidies or regulatory regimes. When disputes arise, they should be put before an expert tribunal rather than a jury that is easily swayed by schoolyard "copycat" narratives.'"
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Why Juries Have No Place In the Patent System

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  • by vux984 ( 928602 ) on Tuesday August 28, 2012 @04:07PM (#41155409)

    $12 billion in market capitalization loss says Samsung shareholders and the market agree with you and the jury.

    Is that how you think the market works?

  • by quacking duck ( 607555 ) on Tuesday August 28, 2012 @04:15PM (#41155555)

    the jury only took 2-3 days to deliberate

    "they should be put before an expert tribunal rather than a jury that is easily swayed by schoolyard 'copycat' narratives."

    Clearly, the solution is to have juries working at the patent office, scrutinizing each patent for 2-3 days, and patent examiners in the courtroom to accept/reject patent cases using the half-day or less they use now when granting patents in the first place.

One man's constant is another man's variable. -- A.J. Perlis

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