The Federal Circuit’s Reach as a Specialized Court Beyond Patent Law

The Federal Circuit’s Reach as a Specialized Court Beyond Patent Law

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In Professor Rochelle Dreyfuss's seminal article on the Federal Circuit as a specialized court, she evaluates the successes, failures, promise, and peril of this court, both through a lens of substantive patent law and a lens of civil procedure. One of her many important insights is about how the Federal Circuit should consider handling legal issues beyond patent law that arise in patent cases. She has seen the importance of this issue since the outset of the court, yet the court’s thinking here has barely evolved or matured. Given the ongoing developments in the Federal Circuit on innovation and competition issues beyond patent law—including in copyright, preemption, and antitrust—it is high time for the court to heed her recommendations for more thoughtful development of these areas of law.

Source Publication

Improving Intellectual Property: A Global Project

Source Editors/Authors

Susy Frankel, Margaret Chon, Graeme B. Dinwoodie, Barbara Lauriat, Jens Schovsbo

Publication Date

2023

The Federal Circuit’s Reach as a Specialized Court Beyond Patent Law

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