Patent review is streamlined but resource-intensive---it requires continued efficiency to sustain innovation
Cassandra E. Havens 17, J.D. Candidate at the University of California, Berkeley, School of Law, “Saving Patent Law from Competition Policy and Economic Theories: Kimble v. Marvel Entertainment”, Berkeley Technology Law Journal, 31 Berkeley Tech. L.J. 371, Lexis
Courts have limited resources, so methods of streamlining disputes when there is controlling precedent benefit everyone. In patent litigation, efficiency is especially important. Patent trials require an additional procedure of claim construction, known as a Markman hearing. The median time for a patent case to reach trial is 2.4 years, and the cost of patent litigation is also very high. Using stare decisis to resolve aspects of the case can shift attention to the remaining contentious issues. Both Kimble and Marvel were unaware of Brulotte when drafting their settlement agreement, so while these parties had no strong reliance, other parties over the years have relied on Brulotte. Decisions that affect property and contracts have an increased likelihood of reliance. When people can trust the continuity of the law, they are more encouraged to make deals and "arrange their affairs with confidence."