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Authored by: Anonymous on Monday, May 21 2012 @ 07:05 PM EDT |
I posted the above post, in a moment of despair, and I didn't really expect
PJ to quote it, so....
I must say that the current situation is not the jury's fault, they have been
asked to wade through some very technical subjects, and they appear to
be trying their best to discharge their responsibility. I also think Judge
Alsup has mostly done a good job of keeping things on track.
The problem is the system: junk patents presumed valid, dueling experts,
no way for the jury to ask for and receive basic factual information that is
needed to reach the correct conclusions. No independent technical expert
to point out to the Judge when legal arguments are inconsistent with the
real-world technology they purport to be about.
I don't know how to fix it, but its clear that the legal system is not well-
equipped to deal with this kind of case, and if they persist in thinking that
they are, I fear they will sooner or later do enormous collateral damage to
the industry.[ Reply to This | Parent | # ]
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