"I've reviewed many of the EC's documents to date and (unless I've missed something) cannot find any reference to introducing any triable issues to a jury. Do we believe that no such term will be forthcoming? The current proposal discusses the composition and qualifications of the judges only.Offhand I can't think of any jurisdictions in the world other than the United States that have jury trials on issues of validity and infringement, but it's more prudent to check than to give an answer that's wrong. If any reader knows of any such jurisdiction, can he or she please let PatLit know?
I'm in the US, there is a right to jury trial in patent (and other IP cases) on issues of infringement and validity. Is that so in many European states as well?".
Monday, 1 February 2010
Jury trials for patents: where in the world?
Amy Landers (Associate Professor of Law, University of the Pacific, McGeorge School of Law, USA) writes: