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The point is the the US has a neat way of avoiding individual responsibility with that setup. Judges are way more impartial since they have personal accountabil
by mxfh 5y ago
The point is the the US has a neat way of avoiding individual responsibility with that setup.
Judges are way more impartial since they have personal accountability, that's how the rest of the world does it, where a trial by jury is simply, and provenly the wrong tool for complex special domain cases.
[1] p1514:
According to these results, the patentee is significantly more likely to
win a jury trial if:
(1) the infringer is foreign;
(2) the infringer is a corporation;
and (3) the patentee is the plaintiff.
The multivariate regression model further supports the conclusion that American juries favor domestic over foreign parties in patent trials.
[1] p1510:
Patentee win rate by Party Alienage:
Patentee-Accused Infringer / Jury / Judge
Domestic-Domestic / 71% / 29%
Foreign-Domestic / 38% / 31%
[1] https://www.law.gmu.edu/assets/files/publications/working_papers/04-28.pdf https://www.law.gmu.edu/assets/files/publications/working_pa...