A brief look at the beginnings of Mordoff’s patent case in “Stepping on Fingers:”
“David Garvey had also developed this uncharitable point of view when he’d been called for jury duty in a criminal case involving arson, drug running and multiple murders. That judge told the assembled pool of prospective jurors that the case would involve at least three months of their time, probably include being sequestered in some dingy motel near LaGuardia Airport in Queens. The crew at the defendants’ table looked like a really nasty bunch, perhaps likely to threaten jurors with bodily harm or worse. The criminal court judge called for anyone with a legitimate reason to not serve on this jury to put up his or her hand. When David, in his three-piece suit and flashy bow tie, put up his hand, having in mind that such a long time away from his business would likely cause him to close its doors, the judge loudly demanded that he step forward and explain. David stepped up to the judge’s bench, watching the prosecution team of lawyers practically drool and said “Your Honor, I don’t believe I could be unbiased in this matter.” The judge spat out: “This better be good.” David tartly said “well, your Honor, my son was recently arrested in Queens for painting graffiti and was viciously beaten by the arresting officers with their flashlights. I’m afraid I might be biased against the prosecution.” Without even thinking about her response, the judge barked “Get out of my court.” David later learned that the case ha eventually consumed nearly seven months. How could anyone with a demanding job or business put them on hold for that long, however exemplary the obligations and responsibilities of jury service might be? But, still, a biased or inept judge could be assigned if no jury were involved and, in Mordoff’s case, an individual inventor was being damaged by a large well-funded corporation which a jury might find persuasive even if jury members had no clue about the intricacies of a patent infringement case. David Garvey had already experienced judges who could not be described as honorable or independent, and money from one of the parties to litigation had been known to create bias, and a victory for the party with more money to offer. David couldn’t help but imagine how his former law partner had stolen from their firm by having his clients pay him directly instead of the firm but that also brought to mind the meaty thump of the subway train’s impacting that dishonest lawyer.”
@https://www.nysd.uscourts.gov
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