Wednesday, September 24, 2014 10:18:05 AM
The dissent on appeal made a point of this factor in our case. I don't think there's any honest way that this issue---which has broad implications in patent law generally---can be ignored in either an en banc proceeding or on appeal to the Supreme Court.
As the amicus brief points out, if we dump the jury in patent cases it will fly in the face of US history and jurisprudence. If the jury decision in our case is simply totally ignored, it shows that so-called jury trials in patent cases are nothing but a charade, a farce. This will be interesting.
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