IDEAS home Printed from https://ideas.repec.org/p/pra/mprapa/43515.html
   My bibliography  Save this paper

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

Author

Listed:
  • Nofal, Christopher

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.

Suggested Citation

  • Nofal, Christopher, 2012. "How the JPML Can Benefit from the Federal Circuit and Vice-Versa," MPRA Paper 43515, University Library of Munich, Germany.
    • Handle: RePEc:pra:mprapa:43515
    as

    Download full text from publisher

    File URL: https://mpra.ub.uni-muenchen.de/43515/1/MPRA_paper_43515.pdf
    File Function: original version
    Download Restriction: no
    ---><---

    References listed on IDEAS

    as
    1. repec:cdl:oplwec:qt4qr081sg is not listed on IDEAS
    Full references (including those not matched with items on IDEAS)

    More about this item

    Keywords

    ;
    ;
    ;
    ;
    ;

    JEL classification:

    • O34 - Economic Development, Innovation, Technological Change, and Growth - - Innovation; Research and Development; Technological Change; Intellectual Property Rights - - - Intellectual Property and Intellectual Capital
    • K10 - Law and Economics - - Basic Areas of Law - - - General (Constitutional Law)

    NEP fields

    This paper has been announced in the following NEP Reports:

    Statistics

    Access and download statistics

    Corrections

    All material on this site has been provided by the respective publishers and authors. You can help correct errors and omissions. When requesting a correction, please mention this item's handle: RePEc:pra:mprapa:43515. See general information about how to correct material in RePEc.

    If you have authored this item and are not yet registered with RePEc, we encourage you to do it here. This allows to link your profile to this item. It also allows you to accept potential citations to this item that we are uncertain about.

    If CitEc recognized a bibliographic reference but did not link an item in RePEc to it, you can help with this form .

    If you know of missing items citing this one, you can help us creating those links by adding the relevant references in the same way as above, for each refering item. If you are a registered author of this item, you may also want to check the "citations" tab in your RePEc Author Service profile, as there may be some citations waiting for confirmation.

    For technical questions regarding this item, or to correct its authors, title, abstract, bibliographic or download information, contact: Joachim Winter (email available below). General contact details of provider: https://edirc.repec.org/data/vfmunde.html .

    Please note that corrections may take a couple of weeks to filter through the various RePEc services.

    IDEAS is a RePEc service. RePEc uses bibliographic data supplied by the respective publishers.