Bar Bulletin

Bar Bulletin

Why Jurors Take Shortcuts and What to Do About It

May 2021 Bar Bulletin

Patrick was totally lost. He generally knew what a patent was, but like the vast majority of jurors who are seated in patent infringement cases, the intricacies of patent litigation were totally foreign to him. Worse still, the attorneys for each side repeatedly referenced complex and confusing language in the patent claims, sometimes pointing to equally confusing diagrams. He was reassured when the judge told all of the jurors that they would receive guidance on the law and the claims in the case before the jury began their deliberations, but the jury instructions turned out to be equally confusing and ambiguous.

This was...

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