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Why Juries Have No Place In the Patent System
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.'"
"Reason 1: Jurors can be influenced by brand loyalty."
Duh. But the more relevant issue is: would a "tribunal" not be swayed by brand loyalty? Is there any reason to believe that would be the case?
"Reason 2: Juries are too easily swayed by âoeheâ(TM)s a copycatâ"
Quote Posner: "patent plaintiffs tend to request trial by jury because they believe that jurors tend to favor patentees, believing that they must be worthy inventors defending the fruits of their invention against copycats."
Posner may have reason to believe that, but it's still nothing more than his opinion about what someone else is thinking. It isn't actual evidence that this point is valid. Once again, I have no reason to believe a "tribunal" would be much different.
"Reason 3: Jury trials over patents are a waste of money"
Quote article: "While the companies would have blown a bundle no matter what, the jury presence added millions to the tab."
Huh? Um... excuse me, but the trial was a month long, and jurors don't get paid squat, nor are their accommodations expensive. A juror I know not long ago got locked into a 9-day trial, he got paid less than minimum wage for it, and the lunch he got EVERY DAY was a peanut butter sandwich and an apple.
Even if Posner's court is more generous than that, there is no way in hell the jury cost "millions".
In summary: While some juries might be more responsible than others, I don't have any reason to believe that "a tribunal" would be any better at judging patents than the patent office itself. After all, the patent office is full of professionals, too.