Fla. L. Rev. Forum

David O. Taylor 
Patent Stewardship, Choice of Law, and Weighing Competing Interests
Response to Xuan-Thao Nguyen, In the Name of Patent Stewardship: The Federal Circuit’s Overreach into Commercial Law

Many have criticized the Federal Circuit over the years for expanding its jurisdiction or applying its own law in inappropriate circumstances. Paul Gugliuzza, for example, recently argued that the Federal Circuit has wrongly expanded its jurisdiction “to protect and enhance its power relative to state courts,” and that it “has improperly leveraged choice-of- law doctrine to expand the scope of federal common law and restrict the scope of state contract law.” In this regard, Xuan-Thao Nguyen’s article, In the Name of Patent Stewardship: The Federal Circuit’s Overreach into Commercial Law, might be seen as “piling on”—simply more detailed evidence of overreaching by the nation’s patent court, which is troubling, but familiar. Read More.

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