Should Patent Jurisdiction be Removed from the Jurisdiction of the Federal Circuit and Returned to Regional Court of Appeal?

SUMMARY

The Association issued reports by the Committee on Federal Courts and the Committee on Patents taking contrasting views on whether patent jurisdiction should be removed from the Federal Circuit and returned to the regional Courts of Appeal. The Federal Courts Committee’s report concludes that the Federal Circuit has failed to bring about uniformity in patent jurisprudence and has imposed an increasing burden on the United States Supreme Court’s docket. The Federal Courts Committee’s report recommends that patent jurisdiction be returned to the regional courts of appeal. The Patents Committee’s report concludes that the Federal Circuit has fulfilled its mandate of fostering uniformity and certainty in the administration of patent law. The Patents Committee concludes that the Federal Circuit should maintain exclusive jurisdiction over patent appeals. The Association endorsed neither of these reports, but presents them in tandem to foster the debate on this important topic.