InterDigital Inc (IDCC)

[beattheclockmn]

Clarence: A trial "de novo" on the appeal?
I know nothing about patent law and I read and respect all your posts, so I'm not saying you have to be wrong, but that's the strangest thing I ever heard of. Doesn't that, in effect, take away the right to a jury trial? Why bother at all with a jury if their evaluation of the credibilty of the witnesses is meaningless? For those of you who are unfamiliar with the term "trial de novo", it means the court at the next level starts all over and is not bound by any findings of fact by the jury or rulings by the judge from the lower court. Clarence, if I'm over stating that please correct me. A more familiar situation for a trial de novo to occur is when a case moves from concilliation court (e.g. Judge Wapner type court where procedural and evidentiary rules are loosely applied and no jury is allowed) to the trial court level. Do the other attorneys on this board agree with Clarence's statement?


James