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Civil Litigation,
Intellectual Property

Oct. 30, 2018

The Law of Unintended Consequences at Federal Circuit

The unintended consequences of the law are familiar to learned attorneys. This is not the product of anyone’s fault, but an inescapable result of our legal system’s complexity. The Federal Circuit is no exception.

J. Kain Day

Law Clerk
Fish & Richardson PC

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Esha Bandyopadhyay

General Counsel
Spectrum Dynamics Medical

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The Law of Unintended Consequences, which "decrees that the resolution of current problems will create or reveal new ones," is familiar to learned historians. The unintended consequences of the law are equally familiar to learned attorneys. This is not the product of anyone's fault, but an inescapable result of our legal system's complexity. The U.S. Court of Appeals for the Federal Circuit's opinion in Texas Advanced Optoelectronic Solutions, I...

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