Document Type

Article

Publication Title

Loyola of Los Angeles Law Review

Abstract

Congress created the U.S. Court of Appeals for the Federal Circuit to alleviate the overcrowded dockets of the regional circuits and to send all patent appeals to one court. The court has achieved many of the goals for which it was created, but it may not be responding effectively to some fields' patent issues. Further, in the last decade the Supreme Court has reversed a very high percentage of the Federal Circuit's patent decisions. In their articles, Professors Cotropia and Wagner dispute some of the criticism that the Federal Circuit has attracted. Cotropia refutes the critics with empirical evidence of the rates of dissents and en banc decisions in the Federal Circuit. Wagner discusses the problems caused by the conflicting roles of the Federal Circuit (decider of cases versus manager of patent law adjudication). This Article posits that patent law must be reinterpreted given the massive changes technology has undergone in the last twenty-eight years. Although either Congress or the Supreme Court could take on a larger role with respect to patent law, this Article argues that the Federal Circuit should take on that role as it is best equipped to handle it.

First Page

827

Volume

43

Publication Date

2010

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