US jurisdiction report: Patent clues are in the courts
They need to monitor not only decisions by the US district courts which, remember, have exclusive jurisdiction to hear and decide all cases involving patent infringement and patent validity. Even patent attorneys whose practices do not carry them to the courts must also follow decisions of appellate federal courts, or they run the risk that their work product may be challenged or overturned. The following caveats are meant as a reminder in this regard.
Patents granted by the US Patent and Trademark Office carry with them by law a presumption of validity. However, that presumption is rebuttable and may be challenged during litigation.
Litigants who commence their patent cases in US district courts have the right to have them tried before a petit jury of at least six jurors, plus one or more alternates. More complex trials that will extend over long periods of time will involve a greater number.
Until December 1, 1991, at the close of testimony in a trial and after closing arguments and the instructions on the law given to the jury by the judge, alternate jurors were dismissed and were not allowed to deliberate and cast their vote. Since then, the law enables alternate jurors to remain in the case and to deliberate with all other jurors, and they have a full vote.
