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Forward: Symposium On Evolving The Court Of Appeals For The Federal Circuit And Its Patent Law Jurisprudence, Dennis D. Crouch
Forward: Symposium On Evolving The Court Of Appeals For The Federal Circuit And Its Patent Law Jurisprudence, Dennis D. Crouch
Missouri Law Review
As I discuss below, conditions on the ground have changed in the few short months following the Symposium. Congress has now acted, and the Patent Office will soon have additional authority. These changes play directly into the arguments of our Symposium authors and make their results even more important.
Promoting The Progress: Three Decades Of Patent Jurisprudence In The Court Of Appeals For The Federal Circuit, Damon C. Andrews
Promoting The Progress: Three Decades Of Patent Jurisprudence In The Court Of Appeals For The Federal Circuit, Damon C. Andrews
Missouri Law Review
In the nearly thirty years since the Federal Circuit's first published decision, the court has decided numerous cases that have produced a rich patent jurisprudence. This Article seeks to evaluate that jurisprudence from several perspectives. Part II summarizes the Federal Circuit's patent history in terms of the court's judges, the external factors that have shaped its patent jurisprudence, and the overall success of the court in light of Congress's intent. Part III then evaluates the Federal Circuit's general stance on whether to uphold the PTO's grant or denial of a patent, or a district court's decision to invalidate a patent, …
Acting Like An Administrative Agency: The Federal Circuit En Banc, Ryan Vacca
Acting Like An Administrative Agency: The Federal Circuit En Banc, Ryan Vacca
Missouri Law Review
Part II of this Article describes the Federal Circuit's en banc practices since its creation in 1982, focusing on how the Federal Circuit compares to the other federal appellate courts in terms of the frequency of en banc decisions, how the Federal Circuit orders cases to be heard en banc, the number and scope of the questions presented for en banc consideration, and the use of amici curiae in the briefing stages of the case. Part III examines the Federal Circuit's en banc practices in light of how administrative agencies engage in substantive rulemaking under the APA and suggests that …
Differentiating The Federal Circuit, Elizabeth I. Winston
Differentiating The Federal Circuit, Elizabeth I. Winston
Missouri Law Review
In 1982, Congress created the United States Court of Appeals for the Federal Circuit. Often referred to as an experiment, the Federal Circuit has flourished Born again from the ashes of its predecessors, the aptly nicknamed Phoenix Court continues to grow in significance, stature, and strength. As it grows, however, the court remains rooted in its history and in its unique nature. This Article explores the Federal Circuit's structure and its impact on the development of Federal Circuit jurisprudence. The Federal Circuit is distinguishable by more than its national jurisdiction - the very essence of the court sets it apart …
Distinguishing Judges: An Empirical Ranking Of Judicial Quality In The United States Court Of Appeals, Robert Anderson
Distinguishing Judges: An Empirical Ranking Of Judicial Quality In The United States Court Of Appeals, Robert Anderson
Missouri Law Review
This Article presents an empirical performance ranking of 383 federal appellate judges who served on the United States Courts of Appeals between 1960 and 2008. Like existing judge evaluation studies, this Article uses citations from judicial opinions to assess judicial quality. Unlike existing citation studies, which treat positive and negative citations alike, this Article ranks judges according to the mix of positive and negative citations to the opinions, rather than the number of citations to those opinions. By distinguishing between positive and negative citations, this approach avoids ranking judges higher for citations even when the judges are being cited negatively. …