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The Impact Of General And Patent-Specific Judicial Experience On The Efficiency And Accuracy Of Patent Adjudication, Jay P. Kesan

Jay P. Kesan

The Impact of General and Patent-Specific Judicial Experience On the Efficiency and Accuracy of Patent Adjudication Jay P. Kesan and Gwendolyn G. Ball University of Illinois ABSTRACT The creation of the U.S. Court of Appeals for the Federal Circuit (CAFC) is generally regarded as an improvement in the system of patent adjudication in the United States. There is, however, considerable support for the creation of a specialized patent trial court based on the argument that we need to create specialized, judicial human capital at the trial level. Proponents favoring this change base their reasoning on the two-part argument that, because …