At an event hosted by UCL’s Institute of Brand and Innovation Law earlier this summer, Randall Ray Rader, Chief Judge of the US Court of Appeals for the Federal Circuit, valiantly attempted to defend the jury system in patent cases in the face of some trade mark provocation.
Judge Rader, who has tried “as many patent jury trials as anyone”, argued that juries “do as well as judges” and, when interviewed afterwards, explained that the juries showed that “they do understand complex technology”. But do they understand complex technology and damages calculations?
