Abstract

http://ssrn.com/abstract=2390214
 


 



Short-Circuiting Contract Law: The Federal Circuit's Contract Law Jurisprudence and IP Federalism


Shubha Ghosh


University of Wisconsin Law School

February 12, 2014

Univ. of Wisconsin Legal Studies Research Paper No. 1247

Abstract:     
The Federal Circuit was established in 1982 as an appellate court with limited jurisdiction over patent claims. However, the Federal Circuit has used this limited jurisdiction to expand its reach into contract law, developing a federal common law of contract in cases involving patents. Given the growing importance of patent litigation in the past three decades, this creation of an independent body of contract law creates uncertainty in transactions involving patents. This troublesome development received attention in Stanford v Roche, a 2011 Supreme Court decision uphold the Federal Circuit's invalidation of a patent assignment to Stanford University. This Article documents the development of the Federal Circuit's contract jurisprudence and develops a theoretical framework for assessing this development based on scholarship on contractual innovation by Gilson, Sabel, & Scott (2013). The Article concludes with a recommendation that the Federal Circuit defer to the contractual orderings of the parties in a manner consistent with intellectual property federalism.

Number of Pages in PDF File: 72

Keywords: Intellectual Property; Patent; Contract; Federalism; Federal Courts

JEL Classification: K2

working papers series


Download This Paper

Date posted: February 4, 2014 ; Last revised: February 21, 2014

Suggested Citation

Ghosh, Shubha, Short-Circuiting Contract Law: The Federal Circuit's Contract Law Jurisprudence and IP Federalism (February 12, 2014). Univ. of Wisconsin Legal Studies Research Paper No. 1247. Available at SSRN: http://ssrn.com/abstract=2390214 or http://dx.doi.org/10.2139/ssrn.2390214

Contact Information

Shubha Ghosh (Contact Author)
University of Wisconsin Law School ( email )
975 Bascom Mall
Madison, WI 53706
United States
Feedback to SSRN


Paper statistics
Abstract Views: 374
Downloads: 84
Download Rank: 174,578

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo6 in 0.297 seconds