Texas Wesleyan Law Review
Part II of this Comment provides a brief background of jury trials in patent infringement suits. Part III explains why the right to a jury trial on willfulness is important. Part IV shows why the right exists by examining the results of the Seventh Amendment "historical test." Part V discusses the Federal Circuit's implicit recognition of the right to a jury trial on willfulness. Accordingly, Part VI shows why the right to a jury trial on the amount of increased damages does not exist.13 Part VII presents recommendations in light of the existence and nonexistence of these rights, respectively.
Alan N. Herda,
Willful Patent Infringement and the Right to a Jury Trial,
Tex. Wesleyan L. Rev.
Available at: https://doi.org/10.37419/TWLR.V9.I2.2