In the Name of Patent Stewardship: The Federal Circuit's Overreach into Commercial Law

45 Pages Posted: 1 Feb 2015

See all articles by Xuan-Thao Nguyen

Xuan-Thao Nguyen

Indiana University Robert H. McKinney School of Law, Center for Intellectual Property & Innovation

Date Written: 2015

Abstract

While the U.S. Court of Appeals for the Federal Circuit has admirably commandeered its stewardship of patent law — Congress bestowed the Federal Circuit with exclusive jurisdiction over patent appeals since 1982 — the court has unabashedly extended its reach, unwelcomed, into commercial law. Camouflaged in the name of patent stewardship, the Federal Circuit’s foray into commercial law has yielded unexpected and unjustifiable results. This Article argues that, paradoxically, to maintain its stewardship of patent law, the Federal Circuit should not invoke patent law to rationalize its decisions concerning commercial law, which have dramatically altered established commercial law. This encroachment into commercial law, which is within the provenance of state law, destabilizes federalism causing uncertainty in state law. The Federal Circuit must refrain from encroaching into commercial law as it has no authority to inject itself into state law making.

Suggested Citation

Nguyen, Xuan-Thao, In the Name of Patent Stewardship: The Federal Circuit's Overreach into Commercial Law (2015). Florida Law Review, Vol. 67, 2015, Indiana University Robert H. McKinney School of Law Research Paper No. 2015-2, Available at SSRN: https://ssrn.com/abstract=2557682

Xuan-Thao Nguyen (Contact Author)

Indiana University Robert H. McKinney School of Law, Center for Intellectual Property & Innovation ( email )

530 West New York Street
Indianapolis, IN 46202
United States
317-274-8146 (Phone)

HOME PAGE: http://mckinneylaw.iu.edu/faculty-staff/profile.cfm?Id=582

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