This month we highlight two papers and two books. The first paper analyzes opinion assignments within the Federal Circuit, while the second paper considers the remedy of disgorgement in intellectual property cases. The first book focuses on the challenges 3D printing poses to traditional intellectual property regimes, while the second book analyzes the possibility of standardizing remedies for patent infringement in the context of complex products like smartphones and laptops.
This month we highlight four papers, two related to institutional design and two related to patent law. The first paper addresses the creation of specialized courts and why these courts persist. The second paper focuses on the problem of myopia in comparative institutional analyses of legal institutions and the need to incorporate comparative failure analysis. The third and fourth papers address patent law, respectively, the creation of a database to conduct empirical studies of patent litigation in U.S. district courts, and the U.S. Patent Office’s attempts to provide clarity in the area of patent eligibility through guidance documents.
Every month here at Fed Circuit Blog we highlight recent scholarship related to the Federal Circuit and the law under its jurisdiction. This jurisdiction, of course, includes patent law, but also many other areas of law. This month we highlight three articles, two in the field of patent law and one in the field of takings law. The patent law articles address, respectively, the role of the United States Solicitor General vis-à-vis the Patent Office in formulating patent policy, and whether intellectual property licenses act as a “tax” that limits access to technology assets. The takings law article takes a fresh look at the law governing alleged physical takings.
This month we highlight three recent papers addressing the Federal Circuit and the areas of law under its jurisdiction. One paper promotes the idea of allowing agencies, such as Veterans Affairs, to aggregate individual claims, such as through class action lawsuits. Another paper focuses on the impact of the Supreme Court’s affirmance of the Federal Circuit’s conclusion that the statutory ban on registration of immoral marks is unconstitutional. And the third paper proposes that appellate courts defer to jury determinations of fair use of copyrights—a standard of review the Federal Circuit notably did not use in its consideration of the dispute between Google and Oracle now pending at the Supreme Court.
This month we highlight four recent articles relevant to the Federal Circuit and the areas of law under its jurisdiction. All four articles address reform: judiciary reform, intellectual property reform, patent reform, and veterans law reform.
Here is an update on recent (and classic) scholarship related to the Federal Circuit and its jurisdiction and jurisprudence. This month we are highlighting one piece related to the Federal Circuit’s treatment of patent law’s doctrine of equivalents, one piece related to the Federal Circuit’s jurisdiction over government contracts, and one piece of classic scholarship related to the court’s formation.
Every month here at Fed Circuit Blog we plan to highlight important scholarship—primarily law review articles in draft or final form—related to the Federal Circuit and its jurisdiction and jurisprudence. This month we are highlighting four articles from the Iowa Law Review’s recent symposium addressing patent and administrative law.
Starting next week, Fed Circuit Blog will publish written contributions from law professors participating in Fed Circuit Blog’s third online symposium. Entitled “Patent Law and Institutional Choice,” this symposium explores the institutional structure of the U.S. patent system and the roles of its institutions: the U.S. Congress; U.S. Patent and Trademark Office; federal district courts and juries; the U.S. Court of Appeals for the Federal Circuit; and the U.S. Supreme Court. Confronting critiques of this structure and these institutions, the symposium considers how the U.S. patent system may be improved to further the innovation economy. Here is more information on the topics these professors will discuss in their written contributions.
Next week, FedCircuitBlog, in conjunction with the Tsai Center for Law, Science and Innovation at SMU Dedman School of Law, will be hosting its third online symposium. Entitled “Patent Law and Institutional Choice,” this symposium will explore the latest major controversies, legal developments, and judicial decisions in the field of patent law through panel presentations and discussions with distinguished academics. In particular, the symposium will explore the institutional structure of the U.S. patent system and the roles of its institutions: the U.S. Congress; U.S. Patent and Trademark Office; federal district courts and juries; the U.S. Court of Appeals for the Federal Circuit; and the U.S. Supreme Court. Confronting critiques of this structure and these institutions, this symposium will consider how the U.S. patent system may be improved to further the innovation economy. After SMU hosts three online discussion panels on Friday, October 29, Fed Circuit Blog will later publish written contributions from each panelist. Here is more information on the symposium, including its topics and speakers and how to register to attend the online discussion panels.
Guest Post by Blair E. Thompson
In 2020, the Federal Circuit addressed important questions regarding “pro-claimant” policies and rules governing the Department of Veterans Affairs. The court also approved VA’s interpretation of its regulation regarding discharges due to “willful and persistent misconduct” and paved the way for challenges to VA’s internal adjudication policies and procedures manual.