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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.'"
I think one problem is that patent lawsuits are just assumed to happen. It seems, too often, the patent office just approves patents figuring that they'd get sorted out in the courts. Meanwhile, the courts just assume that patents must be valid by default if they've been approved by the patent office.
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