San Diego Law Review


Barry S. Wilson

Library of Congress Authority File


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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.

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