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)

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COinS Craig Allen Nard Faculty Bio