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Intellectual Property

Mar. 4, 2015

Power play between Congress and courts over patents

For several years now, Congress has been promising to address patent litigation abuse, but judges have expressed concern that this would be a land grab in Article III territory.

Stuart Meyer

Partner
Fenwick & West LLP

Email: smeyer@fenwick.com

See more...

The interplay between the legislative judicial branches in the area of patent law has become a tectonic collision. For several years now, Congress has been promising to address patent litigation abuse, but judges have expressed concern that this would be a land grab in Article III territory.

In 2013, judges of the U.S. Court of Appeals for the Federal Circuit publicly warned that Congress was ill-suited to address litigation reform, and that any such attempts might encroach on...

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