The Court of Appeals for the Federal Circuit, the nation’s patent court, is at a crossroad. Today, unlike in earlier decades, nearly all its cases are patent-related, yet, to my eye, barely half its members can be considered lifetime patent lawyers. And although any diligent lawyer can learn “black letter” patent law on the job (as I myself did), that is no longer sufficient, because judges also need a deep understanding of how inventors and investors, including corporate CEOs, rely on patents in making difficult and fateful decisions about whether to fund new R&D and manufacture new products, or not. Such decision-makers crave predictability of outcome and stability of legal requirements. Because uncertainty generates excess risk, when in doubt, they usually opt against going forward…. To me, this all suggests that the nominee to fill the vacancy on the CAFC expected in May should be a seasoned patent litigator.
- Other Barks and Bites for Friday, December 1: Senators Discuss AI and Intellectual Property; EU Report Finds 86 Million Fake Items Were Detained Last Year; USPTO Releases New China IP Rights Toolkit
- IP Goes Pop! – Lessons From Movies About Innovators
- Patently Strategic Podcast: Patenting Games
- Understanding IP Matters: Piracy or Policy? Maintaining U.S. Technology Leadership in the Digital Age
- AI and Trade Secrets: A Winning Combination