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Friday, May 03, 2013 8:51:01 PM
Plus your article clearly states:
III. The Seventh Amendment
A patent reexamination decision by the PTO cannot override a
jury verdict of patent validity because this violates the Seventh
Amendment.
In Suits at common law, where the value in controversy shall
exceed twenty dollars, the right of a trial by jury shall be preserved,
and no fact tried by a jury, shall be otherwise re-examined
in any Court of the United States, than according to
the rules of the common law.47
In addition to protecting individuals’ right to a jury trial, the Seventh
Amendment also protects individuals from having a jury verdict
overturned without due cause. The Reexamination Clause of the Seventh
Amendment “controls the allocation of authority to review verdicts.”
51 Jury verdicts can only be reconsidered if the process for
reconsideration is one that was available at common law when the
Seventh Amendment was ratified. The only options at common law
to reexamine facts decided by a jury are: (1) the granting of a new
trial; or (2) review de novo for legal errors.52
Everything is IN MY OPINION!!!
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