The Court of Appeals for the Federal Circuit recently rendered two decisions which represent a compromise between increasing the power of the judge and maintaining a role for the jury. This Note. with reference to studies in juror comprehension and improved trial techniques, explores whether the court struck an appropriate balance.
Markman and Hilton Davis, the Federal Circuit Strikes and Awkward Balance: The Roles of the Judge and Jury in Patent Infringement Suits,
18 Hastings Comm. & Ent.L.J. 631
Available at: https://repository.uchastings.edu/hastings_comm_ent_law_journal/vol18/iss3/11