Abstract

http://ssrn.com/abstract=2031219
 


 



Antiformalism at the Federal Circuit: The Jurisprudence of Chief Judge Rader


Peter Lee


University of California, Davis - School of Law

March 29, 2012

Washington Journal of Law, Technology & Arts, Vol. 7, pp. 405, 2012
UC Davis Legal Studies Research Paper No. 288

Abstract:     
While the Federal Circuit has long been characterized as producing formalistic patent doctrine, this essay argues that its Chief Judge does not share this methodological tendency. The essay starts by exploring the formalistic nature of Federal Circuit jurisprudence. In a variety of ways, Federal Circuit patent doctrine favors bright-line rules as well as syllogistic reasoning and eschews extensive consideration of context. The essay then examines Chief Judge Rader’s rejection of formalism by considering his contributions to three areas of patent doctrine: claim construction, patentable subject matter, and the written description requirement. Throughout his engagement with patent law, Chief Judge Rader exhibits a striking sensitivity to context, policy considerations, and exogenous sources of authority that distinguishes himself from his more formalistic peers. The essay concludes with a brief normative assessment of Chief Judge Rader’s 'antiformalist”' methodology and its value to patent jurisprudence.

Number of Pages in PDF File: 36

Keywords: Patents, intellectual property, Federal Circuit, formalism, Chief Judge Rader, courts, claim construction, patentable subject matter, written description requirement

Accepted Paper Series





Download This Paper

Date posted: March 30, 2012 ; Last revised: February 28, 2013

Suggested Citation

Lee, Peter, Antiformalism at the Federal Circuit: The Jurisprudence of Chief Judge Rader (March 29, 2012). Washington Journal of Law, Technology & Arts, Vol. 7, pp. 405, 2012; UC Davis Legal Studies Research Paper No. 288. Available at SSRN: http://ssrn.com/abstract=2031219

Contact Information

Peter Lee (Contact Author)
University of California, Davis - School of Law ( email )
Martin Luther King, Jr. Hall
Davis, CA 95616-5201
United States

Feedback to SSRN


Paper statistics
Abstract Views: 774
Downloads: 46

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo1 in 0.469 seconds