Tips For Selecting The Best Jury In Patent Litigation

Law360, New York (June 12, 2013, 12:55 PM EDT) -- There are many important factors that impact the outcome of a jury trial; jury selection is one of them — but often gets attention only late in the process and not in enough depth. Jury selection can be particularly important in intellectual property litigation where the fact issues tend to be complex and the legal doctrine foreign to the average person. Yet, we trust average citizens to decide these cases as a matter of course and, for the most part, jurors do a pretty good job. In patent litigation, where the focus can so easily be directed elsewhere during trial preparation, taking time to prepare for voir dire and jury selection is a necessity....

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