Abstract
This article explores the role of secondary authority in patent law jurisprudence. I reviewed every Federal Circuit published opinion from 1982 (the year of the court's creation) to 2000. I discuss the results of my empirical research and explore why scholarship has a place in the Federal Circuit's patent law jurisprudence. I ultimately urge the court to be cautiously more receptive to secondary authority when deciding patent cases.
Keywords
Patent Law, Secondary Authority, Judicial Decision Making
Publication Date
2002
Document Type
Article
Place of Original Publication
Houston Law Review
Publication Information
39 Hou. L. Rev. 667 (2002)
Repository Citation
Nard, Craig Allen, "Toward a Cautious Approach to Obeisance: The Role of Scholarship in Patent Law Jurisprudence" (2002). Faculty Publications. 235.
https://scholarlycommons.law.case.edu/faculty_publications/235