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.


Patent Law, Secondary Authority, Judicial Decision Making

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Document Type


Place of Original Publication

Houston Law Review

Publication Information

39 Hou. L. Rev. 667 (2002)


COinS Craig Allen Nard Faculty Bio