Competing with the “Patent Court”: A Newly Robust Ecosystem

Authors

Arti K. Rai, Duke Law SchoolFollow

Document Type

Article

Publication Date

2014

Keywords

Court of Appeals for the Federal Circuit, executive branch

Abstract

In a provocative address, Chief Judge Wood of the Seventh Circuit Court of Appeals suggests exposing the Court of Appeals for the Federal Circuit, created in 1982 to hear all appeals from patent cases, to competition from sister appellate courts. This response, published as part of a Symposium on Chief Judge Wood's address, argues that competition is indeed desirable. Whether such competition is best provided by other appellate courts is unclear, however. The more tractable approach is to improve competitive input from sources that have already emerged. These include dissenting Federal Circuit judges, parties and amici who are not "patent insiders," and the executive branch.

Citation

Arti K. Rai, Competing with the “Patent Court”: A Newly Robust Ecosystem, 13 Chicago-Kent Journal of Intellectual Property 386-393 (2014)