4 ms·

U.S. District Judge Rodney Gilstrap I wonder if Gilstrap's shoulders ever hurt from singlehandedly holding up the entire world of patent trolling.

baybal2 5y ago
Remember, it's a jury trial. You can only blame the total technical illiteracy outside of the career professionals in the field, and the judge maybe only for allowing that circus in the courtroom.
- deleted 5y ago
  [deleted]
- amelius 5y ago
  Has there been any scientific research into the possible influence of a judge on a jury?
  - MeinBlutIstBlau 5y ago
    No but a judge can hold you in contempt if they believe you aren't basically being a genuine jury member. So lets say slavery was legal and you found it immoral. Youre in a court case over a slave that ran away. You want to find the assumed slave as not guilty because you're an abolitionist. A judge will hold you in contempt because you didn't follow the law that slavery was legal. That's how stupid the system is. It's intentions initially were good, but nowadays it's really just made it apparent that it was for protecting affluent aristocrats from the government. Not to promote freedom for the citizens.
    - svieira 5y ago
      https://en.m.wikipedia.org/wiki/Jury_nullification https://en.m.wikipedia.org/wiki/Jury_nullification Juries can _and may_ nullify a law with their verdict (but only for the case in question)
      - MeinBlutIstBlau 5y ago
        You can be held in contempt for trying to pursue jury nullification and urging other jurors as well. Jury nullification is if everybody individually agreed the law is bad. But even so, a judge can request a retrial with a new jury. And your noble effort has been ruined.
- staticautomatic 5y ago
  Having worked for more than a decade as a jury consultant on high profile patent lawsuits, I disagree. Big verdicts are mainly attributable to lawyering and the extent to which the judge construes the patent language.
MichaelZuo 5y ago
Isn’t there some sort of rotation system for judges? Or is that not applicable in patent courts?

baybal2 5y ago

Remember, it's a jury trial. You can only blame the total technical illiteracy outside of the career professionals in the field, and the judge maybe only for allowing that circus in the courtroom.

deleted 5y ago
[deleted]
amelius 5y ago
Has there been any scientific research into the possible influence of a judge on a jury?
- MeinBlutIstBlau 5y ago
  No but a judge can hold you in contempt if they believe you aren't basically being a genuine jury member. So lets say slavery was legal and you found it immoral. Youre in a court case over a slave that ran away. You want to find the assumed slave as not guilty because you're an abolitionist. A judge will hold you in contempt because you didn't follow the law that slavery was legal. That's how stupid the system is. It's intentions initially were good, but nowadays it's really just made it apparent that it was for protecting affluent aristocrats from the government. Not to promote freedom for the citizens.
  - svieira 5y ago
    https://en.m.wikipedia.org/wiki/Jury_nullification https://en.m.wikipedia.org/wiki/Jury_nullification Juries can _and may_ nullify a law with their verdict (but only for the case in question)
    - MeinBlutIstBlau 5y ago
      You can be held in contempt for trying to pursue jury nullification and urging other jurors as well. Jury nullification is if everybody individually agreed the law is bad. But even so, a judge can request a retrial with a new jury. And your noble effort has been ruined.
staticautomatic 5y ago
Having worked for more than a decade as a jury consultant on high profile patent lawsuits, I disagree. Big verdicts are mainly attributable to lawyering and the extent to which the judge construes the patent language.

MichaelZuo 5y ago

Isn’t there some sort of rotation system for judges? Or is that not applicable in patent courts?