Intellectual Property
Mar. 7, 2009
Case Upheld, Though Judge Called Own Expert Witness
The losing lawyer says the decision by the U.S. Court of Appeals for the Federal Circuit "is a direct incursion on the right to trial by jury."
Daily Journal Staff Writer SAN JOSE - While expressing discomfort with the practice, a federal appeals court on Thursday let stand an Oakland jury verdict in a patent infringement case even though the judge took the rare step of appointing her own expert to testify at trial. The U.S. Court of Appeals for the Federal Circuit upheld the verdict in favor of San Jose-based Monolithic Power Systems Inc. The panel rejected an argument ...
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