Patent Infringement Jury

Jennifer Miller has published an iBrief in the Duke Law & Technology Review discussing whether litigants have a right to a jury trial in patent infringement cases. (Article)(PDF) Ms. Miller presents an argument that the seventh amendment does not guarantee a jury trial in complex cases. In addition, she notes that the fifth amendment right to due process may bar a jury “trial where a jury would be unable to perform its job because of a failure to grasp the legal issues or the underlying facts of a case.”