Juries have been perceived as a blessing and a curse. They are perceived differently in different areas of law. For example, practitioners in patent law view juries in a negative light as the fact finders. In accordance with this view, Federal Courts of Appeals have begun to narrow the role of juries in patent trials. This paper follows the development of the Seventh Amendment in the patent context and its current status. This paper then proposes a system similar to peer-review to replace the traditional jury in patent trials.
Toward a More Reliable Fact-Finder In Patent Litigation,
13 Marq. Intellectual Property L. Rev. 309
Available at: http://scholarship.law.marquette.edu/iplr/vol13/iss2/4