Do Juries Have No Place In the Patent System?

I read a proposal today that essentially suggests taking expensive patent trials (a la Apple-Samsung) out of the jury system, putting these disputes into the loving hands of an “expert tribunal” instead.

Readers are free to check their own resources and form their own conclusions. Below is my own comment, which I posted to GigaOM.com today. It is still in the moderation queue – a necessary evil these days – but I felt it worth repeating.

I think the proposal to replace juries with a tribunal of experts in patent disputes is more dangerous than the ills it proposes to remedy. (1) the patent system is itself a legal process, and to exclude plaintiffs from due process would be wrong. (2) Empaneling a jury free of bias and susceptibility to being swayed is the job of the trial attorneys; (3) ”Experts” can be biased too, but there is no appeal from that, and (4) a panel of programmers would look at the code, determine that different subroutines and methods had been called, and conclude that therefore it is impossible that a look and feel issue could have been copied.”

— Alex Forbes

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