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What is left? | 214 comments | Create New Account
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Authored by: PJ on Wednesday, September 26 2012 @ 11:16 AM EDT
That's just silly. The jury system is a
panel of your peers, and that means all levels
of intelligence, since companies and individuals
who are litigating also come in all flavors.

It's not a broken system at all. There are in place
procedures for fixing issues that may arise from
time to time. But look at all the trials we have
covered here on Groklaw for the last ten or so years.
The jury usually gets it right, at least as much
so as the judges, in my opinion, and in fact usually
better. You know why? It's precisely because they
can decide with a fuzzier brush, one that includes
not only the law, but the facts about the situation,
the credibility of the players, etc. Juries are
the heart of the system. Trust me when I say that
the last thing you want is some panel of educated
experts. Look at the Federal Circuit. They are all
highly educated experts in patent law, and they
have the responsibility, more than any other, including
the USPTO, for making US patent law the laughing stock
of the world.

[ Reply to This | Parent | # ]

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