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Will Your Mock Trial Get You Sued?

Perhaps. The United States Patent and Trademark Office has granted Patent Number 6,607,389 for Systems and Methods for Making Jury Selection Determinations. The patent covers questioning a venire of potential mock jurors, striking some for cause and others on preemptory challenges and trying the case to both the stricken and non-stricken mock jurors. It is difficult to believe no one ever did this prior to December 3, 2000, but that is apparently what the Patent and Trademark Office has been led to believe. Watch yourself though. Although the patent may indeed be invalid as relating to subject matter that was in the prior art (public domain), prior to 2000, but given the average attorney fees of one and a half million per side for patent cases, you may not want to be the test case trying to invalidate this patent.

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Posted in Trademark Law. Tagged with , .