Competing with the 'Patent Court': A Newly Robust Ecosystem

13 Chicago-Kent Journal of Intellectual Property 386 (2014)

8 Pages Posted: 11 Aug 2014

See all articles by Arti K. Rai

Arti K. Rai

Duke University School of Law; Duke Innovation & Entrepreneurship Initiative

Date Written: August 10, 2014

Abstract

In a provocative address, Chief Judge Wood of the Seventh Circuit Court of Appeals suggests exposing the Court of Appeals for the Federal Circuit, created in 1982 to hear all appeals from patent cases, to competition from sister appellate courts. This response, published as part of a Symposium on Chief Judge Wood's address, argues that competition is indeed desirable. Whether such competition is best provided by other appellate courts is unclear, however. The more tractable approach is to improve competitive input from sources that have already emerged. These include dissenting Federal Circuit judges, parties and amici who are not "patent insiders," and the executive branch.

Keywords: Court of Appeals for the Federal Circuit, Executive branch

JEL Classification: 030, 034, 038

Suggested Citation

Rai, Arti Kaur, Competing with the 'Patent Court': A Newly Robust Ecosystem (August 10, 2014). 13 Chicago-Kent Journal of Intellectual Property 386 (2014), Available at SSRN: https://ssrn.com/abstract=2478457

Arti Kaur Rai (Contact Author)

Duke University School of Law ( email )

210 Science Drive
Box 90362
Durham, NC 27708
United States

Duke Innovation & Entrepreneurship Initiative ( email )

215 Morris St., Suite 300
Durham, NC 27701
United States

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