Friday, October 24, 2014 12:01:59 PM
The brief zeros in on the question that is the most “obvious” (pardon the expression). Why the hell go through the trouble and expense of a jury trial and all that is involved there---often a couple years of constant discovery and preparation---if someone on appeal can simply take a gander at the record and substitute his/her own de nova feelings? It’s a charade.
This violates the entire structure of our judicial system as presently constituted. It was also noteworthy that the BPLA pointed out the inherent arrogance and condescension in the majority’s indication that juries are too stupid to comprehend patent law cases----even though juries and trial court judges often face up to much more complicated issues in other cases.
Basically, the BPLA --- experts in patent law --- told the justices to jump down off their high horses and join the real world.
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