Patent Law Institute Live Blog: Dialogue Between the Bench and Bar

Welcome to the Patent Law Institute‘s last panel of the day. The panel is entitled, “Dialogue Between the Bench and Bar”, and has a great lineup including the Chief Judge of the Federal Circuit and leading members of the patent appellate bar who discuss hot patent topics affecting patent practice. The panel includes Donald R. Dunner, Hon. Randall R. Rader, Seth P. Waxman, Dean John M. Whealan, and Hon. William G. Young. Here are the highlights:

On the U.S. Court of Appeals for the Federal Circuit:

Hon. Rader, Chief Judge, United States Court of Appeals for the Federal Circuit:

The term “specialized” court was an attack on the court in the creation era, but Congress specifically negated that by providing the court a broad jurisdiction. The culture of commercial litigation requires judges to seek the kind of resolution that allows the American CEO to quickly respond to market pressures. There’s a requirementof bright line rules in this culture of the court, but this does not facilitate the market. Thus, the Court of Appeals has a great strength in not being bound to bright line rules like other courts. (more…)