FedCircuitBlog

Christa Laser is a professor at Cleveland State University College of Law, where she teaches intellectual property, innovation law, and other topics. Her research includes topics of patent law, federal courts, and civil procedure. She was previously a patent trial and appellate litigator at the law firms Kirkland & Ellis and WilmerHale. In the following guest blog post, she discusses her recently published article, Rethinking Patent Law’s Exclusive Appellate Jurisdiction. In this article, she proposes radical changes to the Federal Circuit’s jurisdiction: retaining the Federal Circuit for some appeals but, notably, returning appeals from district courts in patent cases back to the regional circuits. She also urges adoption of the Hruska Commission’s National Court of Appeals, sitting between the Supreme Court and regional circuits.

Today we highlight four recent papers related to the Federal Circuit. The first, co-authored by retired Federal Circuit Chief Judge Paul Michel, focuses on the transformation of the U.S. patent system over the past fifteen years. The second analyzes the justiciability of litigation upon the invalidation of patents. The third reviews the Federal Circuit’s patent eligibility decisions in the seven years following the Supreme Court’s decision in Alice v. CLS Bank. The fourth examines the availability of Federal Circuit decisions. Here are more details on these papers.

This month we highlight four recent papers related to the Federal Circuit. The first two discuss the interplay between Article III courts and executive agency regulations and decision making, particularly the application of the public rights doctrine and deference within the U.S. Patent and Trademark Office. The third paper discusses the Federal Circuit’s approach to trademark registration. And the fourth discusses the mandate rule—specifically, how differences in the interpretation of the rule stem from a misunderstanding of the rule’s statutory origin. Here are more details on these papers.

This month we highlight two scholarly articles related to the Federal Circuit.

• Certiorari in Patent Cases
• The (Unnoticed) Revitalization of the Doctrine of Equivalents

This month we highlight two scholarly articles related to the Federal Circuit.

• Retroactivity and Appointments
• Does Conjoint Analysis Reliably Value Patents?

Here are the details.

This month we highlight two scholarly articles related to the Federal Circuit.

• It’s Anti-Suit Injunctions All The Way Down – The Strange New Realities of International Litigation Over Standards-Essential Patents
• The TRIPS Agreement Article 73 Security Exceptions and the COVID-19 Pandemic

Here are the details.

In this article, we highlight two scholarly articles related to the Federal Circuit.

• Eli Lilly v. Teva: Generic Companies Infringe under Akamai IV in Case of Divided Infringement by Christopher M. Holman
• Design Patent Law’s Identity Crisis by Peter S. Menell and Ella Corren

Here are the details.

This month we highlight two scholarly articles related to the Federal Circuit.

• A Balanced Consideration of the Federal Circuit’s Choice-of-Law Rule by Jennifer E. Sturiale
• Review of Recent Veterans Law Decisions of the Federal Circuit by Angela Drake, Yelena Duterte, and Stacey-Rae Simcox

Here are the details.

This month we highlight one paper exploring research related to the Federal Circuit—Regulating Intermediate Technologies by Professor Rachel Sachs.

This month we highlight two papers exploring research related to the Federal Circuit.

• Re-Thinking the “Motivation to Combine” in Patent Law by Joshua Lee Sohn.
• Ajinomoto v. ITC, the Doctrine of Equivalents, and Biomolecule Claim Limitations at the Federal Circuit by Professor Christopher M. Holman.