The time allotted to a jury trial needs to carefully balance the rights of the litigants, jurors, and trial judges. Arriving at a reasonable balance, however, is not an easy task, especially in patent cases where complicated legal theories and complex technologies are involved. While most judges agree that every case is unique and deserves individual attention, a pattern of distinctly different trial times for patent cases emerges across different district courts. Here we address many of the factors to consider in determining trial time, different trial times in different districts, and how to prepare for trial when trial time is limited.
McAndrews, Held & Malloy recently conducted a survey directed to all district judges in the United States regarding the jury trial time allotment for patent cases. One of the most pointed comments we received was the following:
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