Scholarship

Recent Scholarship Related to the Federal Circuit

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

Here are the details.

Retroactivity and Appointments

In his article, Professor Andrew C. Michaels “reviews the doctrine of retroactivity and appointments, discusses the relevant academic literature, and proposes a coherent framework for courts to use when faced with these important questions.” Specifically, he argues that “[t]he current law of retroactivity in the Appointments Clause context is confused” and has resulted in “significant practical consequences.” Professor Michaels also explores the Federal Circuit’s recent Arthrex decision and the court’s application of the doctrine of retroactivity with regards to the Appointments Clause.

Does Conjoint Analysis Reliably Value Patents?

In their article, Professor Bernard Chao and Sydney Donovan explore the reliability of conjoint analysis to calculate the value of the contribution a patent may make to the overall value of a product. The authors argue that “courts should not allow evidence of conjoint analysis to show the specific monetary value of specific features.” In exploring the validity of conjoint analysis, the authors found that their “surveys yielded irrationally high numbers.” Further, they demonstrate that “experts can manipulate the results of conjoint analysis by selecting among a number of different ostensibly reasonable statistical choices and picking the one that yields the most desirable outcome.”

Read More
Scholarship

Recent Scholarship Related to the Federal Circuit

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

Read More
Scholarship

Recent Scholarship Related to the Federal Circuit

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.

Read More
Scholarship

Recent Scholarship Related to the Federal Circuit

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. 

Read More
Scholarship

Recent Scholarship Related to the Federal Circuit

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.

Read More