Abolishing Exclusive Jurisdiction in the Federal Circuit: A Response to Judge Wood

24 Pages Posted: 10 Sep 2014 Last revised: 30 Dec 2014

Date Written: November 2014

Abstract

Part of a symposium of responses to Chief Judge Wood’s suggestion for giving regional circuits a share of the Federal Circuit’s authority over patent law, this article argues that now that a degree of nationwide uniformity in patent law has been achieved, it would be a pity to disrupt it. While Chief Judge Wood is right that the law would improve with percolation, a change in the composition of the court, new procedures for challenging patents in the Patent and Trademark Office, a District Court pilot program, and satellite patent offices will bring to the debate new voices, different kinds of expertise, and diverse experience. It is worth waiting to see how these changes play out.

Keywords: patent law, jurisdiction, Federal Circuit

JEL Classification: O34, O38

Suggested Citation

Dreyfuss, Rochelle Cooper, Abolishing Exclusive Jurisdiction in the Federal Circuit: A Response to Judge Wood (November 2014). 13 Chicago-Kent J. Intellectual Property 327 (2014), NYU Law and Economics Research Paper No. 14-26, NYU School of Law, Public Law Research Paper No. 14-62, Available at SSRN: https://ssrn.com/abstract=2493984

Rochelle Cooper Dreyfuss (Contact Author)

New York University - School of Law ( email )

40 Washington Square South
New York, NY 10012-1099
United States
212-998-6258 (Phone)
212-995-4760 (Fax)

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