Streamlined and predictable court review enables clear enforcement of the most critical aspects of patent law BUT requires effective case management
Jonas Anderson 14, Assistant Professor at the American University Washington College of Law, “Congress as a Catalyst of Patent Reform at the Federal Circuit”, American University Law Review, 63 Am. U.L. Rev. 961, April 2014, Lexis
Despite these criticisms, Congress's decision to create the Federal Circuit has been, from most perspectives, a "success." Industry groups are largely satisfied with the court, other countries have begun imitating the U.S. patent institutional structures, and generalized appellate courts have rarely complained about the absence of patent cases on their dockets. As hoped, the court's virtual monopoly over patent appeals has eliminated patent forum shopping, at least at the appellate level. The court has also implemented a number of procedural and case management innovations that have improved the predictability of patent [*978] enforceability and standardized various aspects of patent litigation. Most importantly, some observers credit the court with making substantive alterations to patent jurisprudence that have resulted in increased predictability across the most critical aspects of patent enforcement including infringement, validity, and licensing.