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Response Essay: Rethinking Federal Circuit Jurisdiction—A Short Comment

Professor Gugliuzza’s article, Rethinking Federal Circuit Jurisdiction, is a massive piece of scholarship inquiring into the jurisdiction of the United States Court of Appeals for the Federal Circuit and proposing jurisdictional remedies in the hope of curing the Federal Circuit’s problem with patent law.

Specifically, Professor Gugliuzza proposes to transfer much of the subject-matter jurisdiction of the Federal Circuit other than its exclusive patent jurisdiction to other courts and to fill the resulting void with appealed nonpatent cases, particularly commercial cases that involve business and economic issues, for example antitrust cases, in the hope that the Federal Circuit will thereby become educated in the economics of innovation and establish patent law doctrines that foster innovation and avoid establishing patent law doctrines that impede and diminish innovation.

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