Congress established the Federal Circuit Court of Appeals a quarter century ago to create uniformity in the field of patent law. By significantly limiting the appellate jurisdiction of the Federal Circuit in patent related cases, the recent decision of Holmes v. Vornado in the United States Supreme Court makes this goal an impossibility. This Article addresses the purposes of uniformity in patent law, the ramifications of the limited jurisdiction of the Federal Circuit, and concludes with a proposed Congressional response designed to withstand a future appeal to the Supreme Court.
The Rise and Fall of Patent Law Uniformity and the Need for a Congressional Response,
Chi.-Kent L. Rev.
Available at: https://scholarship.kentlaw.iit.edu/cklawreview/vol81/iss2/15