In the 1970s, a trial by jury was rare in patent cases. By the time Chief Judge Markey left the United States Court of Appeals for the Federal Circuit in 1989, jury trials had become the norm. Throughout Judge Markey’s time on the bench he exerted great energy to promote, define, and improve the role of law juries in patent cases. This speech by Judge Markey’s former law clerk, John R. Alison, discusses the three Markey Principles. The first principle of Judge Markey is the fundamental right to a jury trial in patent cases. Second, proceedings in jury trials for patent cases should be actively managed just like all other civil trials. Last, the third Markey principle states that a balance should be struck between the right to jury trials in patent cases and the role of the jury.
John R. Alison, The Role of Juries in Managing Patent Enforcement: Judge Howard Markey's Opinions and Writings, 8 J. Marshall Rev. Intell. Prop. L. (Special Issue) 41 (2009)