3 ms·
> Something like all patent suits must be prosecuted in the jurisdiction of the company supposedly infringing? > cases need to be spread more uniformly across
by dave_sullivan 10y ago
> Something like all patent suits must be prosecuted in the jurisdiction of the company supposedly infringing?
> cases need to be spread more uniformly across jurisdictions.
> Honestly, a more meaningful step would be to remove the Federal Circuit's exclusive jurisdiction over patent case appeals.
> Restoring diversity to patent cases -- by having appeals go to the geographic circuit courts instead of concentrating them all in a single specialized court
I think we agree on the principal that one court shouldn't have that much power (unless we're talking about the supreme court I suppose, but that serves a different purpose), how would a change like that even be implemented? Would laws have to be passed state by state or would federal law supersede that? Is there a better way to reduce the power of patent trolls? I haven't heard any, and I've followed the issue on and off for a good decade now without seeing much change.
- comex 10y agoAll US patent law is federal, as authority over copyright and patents is one of the things explicitly granted to Congress in the Constitution [1]; the District Court for the Eastern District of Texas, the one that tried this case, is a federal court [2]. The Federal Circuit's jurisdiction over patent cases comes from federal law, specifically 28 USC § 1295 [3], so altering it would 'just' be a matter of amending that. [1] https://en.wikipedia.org/wiki/United_States_patent_law https://en.wikipedia.org/wiki/United_States_patent_law [2] https://en.wikipedia.org/wiki/United_States_District_Court_for_the_Eastern_District_of_Texas#Patent_litigation https://en.wikipedia.org/wiki/United_States_District_Court_f... [3] https://en.wikipedia.org/wiki/United_States_Court_of_Appeals_for_the_Federal_Circuit https://en.wikipedia.org/wiki/United_States_Court_of_Appeals...