Abstract
Part II of this Comment provides a brief background of jury trials in patent infringement suits. Part III explains why the right to a jury trial on willfulness is important. Part IV shows why the right exists by examining the results of the Seventh Amendment "historical test." Part V discusses the Federal Circuit's implicit recognition of the right to a jury trial on willfulness. Accordingly, Part VI shows why the right to a jury trial on the amount of increased damages does not exist.13 Part VII presents recommendations in light of the existence and nonexistence of these rights, respectively.
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