4 ms·
> Why not just send the whole thing to the Circuit Courts whether or not there are patent issues? Apparently, because previously different Circuit Courts inter
by throwawaykf05 11y ago
> Why not just send the whole thing to the Circuit Courts whether or not there are patent issues?
Apparently, because previously different Circuit Courts interpreted the Patent Act differently, leading to forum shopping as problematic as what happens in ED Texas today. Except back then there was no recourse -- at least today you can take your appeals to a more consistent court.
> I know the theory but has practice actually born out the supposed benefits of the CAFC as the single Court of Appeals for patent cases?
This study partially tackles that question from multiple angles and the conclusion is mostly favorable to the existence of a CAFC:
http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2231312 http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2231312