How the JPML Can Benefit from the Federal Circuit and Vice-Versa

Nofal, Christopher

How the JPML Can Benefit from the Federal Circuit and Vice-Versa

MPRA Paper from University Library of Munich, Germany

Abstract: This article posits that the JPML and Federal Circuit, despite their range of differences, can benefit from one another and remedy each other’s complex institutional challenges. The Federal Circuit can eliminate the unfairness in multidistrict litigation practice and can guide multidistrict litigation by providing uniform federal precedent. Multidistrict litigation, which is as procedurally complex as it is substantively broad, can enable the Federal Circuit to speak on non-patent law and can position the circuit to see more clearly how patents affect the overall economy. Through these mutual benefits, these institutions can promote justice and cost-effectiveness for each litigant in every patent action and every MDL proceeding. To that end, this article proposes that Congress vest in the Federal Circuit exclusive appellate jurisdiction over the JPML and MDL courts.

Keywords: JPML; Federal Circuit; intellectual property; courts; Federal Jurisdiction (search for similar items in EconPapers)
JEL-codes: K10 O34 (search for similar items in EconPapers)
Date: 2012-12
New Economics Papers: this item is included in nep-ipr and nep-pr~
References: View references in EconPapers View complete reference list from CitEc
Citations:

Published in IDEA: The Intellectual Property Law Review 3.52(2012): pp. 379-416

Downloads: (external link)
https://mpra.ub.uni-muenchen.de/43515/1/MPRA_paper_43515.pdf original version (application/pdf)

Related works:
This item may be available elsewhere in EconPapers: Search for items with the same title.

Export reference: BibTeX RIS (EndNote, ProCite, RefMan) HTML/Text

Persistent link: https://EconPapers.repec.org/RePEc:pra:mprapa:43515

Access Statistics for this paper

More papers in MPRA Paper from University Library of Munich, Germany Ludwigstraße 33, D-80539 Munich, Germany. Contact information at EDIRC.
Bibliographic data for series maintained by Joachim Winter ().