Markman and its implications

Article Abstract:

The US Supreme Court set forth a test for determining when an issue must be decided by a jury in upholding the US Court of Appeals for the Federal Circuit's ruling in Markman v. Westview Instruments, Inc. that the trial judge was within his authority to overturn the jury's verdict on a matter of construction. Allocation of issues between the jury and the court should be based on precedent, on statutory policy and on the relative abilities of the court and the jury to resolve the issue. The Supreme Court also noted that the Seventh Amendment is only triggered for issues that are fundamental or necessary to maintenance of the right to jury trials.

Analysis, Laws, regulations and rules, Judicial power, Verdicts, Law and fact, Patent practice

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Increasing certainty in patent litigation: the need for Federal Circuit approved pattern jury instructions

Article Abstract:

The need for sample jury instructions controlling patent law under Federal Rule of Civil Procedure 51 is discussed. The Court of Appeals for the Federal Circuit, which specializes in patent suits, would greatly benefit from such instructions.

Management, Instructions to juries, Jury instructions

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Should there be a U.S. trial court with a specialization in patent litigation?

Article Abstract:

The author covers a number of existing special patent courts in the US and abroad, and proposes that the US Court of International Trade be given parallel patent case jurisdiction with other federal courts.

States, Evaluation, Courts of special jurisdiction

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