Patent invalidity is a defense commonly raised in actions for patent infringement when the defending alleged infringing party asserts the patent either is invalid or he or she is not liable for infringement. Today, a jury hears more than 50 percent of patent cases. This comment examines the constitutional issues related to the Seventh Amendment right to a jury trial, in the context of patent invalidity. The author argues that patent invalidity cases should not be afforded a jury trial because the action is arguably equitable rather than legal in nature, and the question of patent invalidity should be considered a pure matter of law reserved solely for the court.
Barry S. Wilson,
Patent Invalidity and the Seventh Amendment: Is the Jury Out?,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol34/iss4/7