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3 Duke L. & Tech. Rev. [1] (2004-2005)

handle is hein.journals/dltr3 and id is 1 raw text is: SHOULD JURIES HEAR COMPLEX PATENT CASES? JENNIFER F. MILLER' ABSTRACT A debate has arisen within the legal community over the existence and constitutionality of a so-called complexity exception to the Seventh Amendment. This exception would give a judge the discretion to deny a jury trial in a civil case if he or she feels that the issue is too complex for a jury to decide properly. This iBrief discusses the constitutionality of the complexity exception and the arguments for and against its implementation, with particular emphasis on the application of the exception to patent infringement cases. The iBrief then postulates that, while a blanket exception for patent infringement cases may not be the solution, at a minimum some restructuring of the adjudication process needs to occur in order to ensure that judicial holdings are more than a mere roll of the dice. INTRODUCTION ¶I With the rise in both the complexity and the importance of patent infringement cases, as well as the need for consistency in the field of patent law, many legal scholars and practitioners have begun to speculate as to whether juries are competent to hear patent infringement cases. Some commentators argue that a complexity exception to the Seventh Amendment right to a jury trial should be invoked, which would give judges discretion to withhold cases from a jury where the complexity ofthe facts or the underlying legal issues make it impossible for a jury to render a fair and rational verdict. The constitutional support for the complexity exception is grounded in Seventh Amendment jurisprudence and on the Fifth Amendment right of due process. This iBrief discusses the constitutionality of the complexity exception, as well as the advantages and disadvantages of invoking such an exception. It then concludes that, while a blanket exception for patent infringement cases may not be the solution, some restructuring of the adjudication process needs to occur in order to ensure that the judicial holdings are not random or baseless. 1 Jennifer Miller is a third-year student at Duke University School of Law. Mrs. Miller attended the University of Florida where she obtained her Bachelor's of Science degree in Electrical Engineering.

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