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https://ssrn.com/abstract=960638
 
 

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To Be Or Not To Be: The Long Gestation of the U.S. Court of Appeals for the Federal Circuit (1887-1982)


Paul M. Janicke


University of Houston Law Center


Antitrust Law Journal, Vol. 69, p. 645, 2002

Abstract:     
Legislative efforts to create a single national court for patent appeals began in 1887 and appeared with frequency over the ensuing ninety-five years. Arguments for and against a court of specialized jurisdiction appeared, subsided, and reappeared. The ultimately successful Congressional philosophy leading to passage of a bill in 1982 to create the court was elimination of inconsistent results in the regional courts of appeal, but its first chief judge, Howard T. Markey, had as his major goals elimination of sloganistic precedents and adherence to the language of the patent statute. In these goals the court has been largely successful, due in part to the deferential attitude of the Supreme Court toward the new court on matters of doctrinal patent law.

Number of Pages in PDF File: 23

Keywords: national, court of appeals, patent, jurisdiction, appellate, speciallized court, uniformity


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Date posted: February 13, 2007  

Suggested Citation

Janicke, Paul M., To Be Or Not To Be: The Long Gestation of the U.S. Court of Appeals for the Federal Circuit (1887-1982). Antitrust Law Journal, Vol. 69, p. 645, 2002. Available at SSRN: https://ssrn.com/abstract=960638

Contact Information

Paul M. Janicke (Contact Author)
University of Houston Law Center ( email )
4604 Calhoun Road
Houston, TX 77204-6060
United States
713-743-2164 (Phone)
HOME PAGE: http://www.law.uh.edu
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