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
Place of Original Publication
Houston Law Review
39 Hou. L. Rev. 667 (2002)
Nard, Craig Allen, "Toward a Cautious Approach to Obeisance: The Role of Scholarship in Patent Law Jurisprudence" (2002). Faculty Publications. 235.