In 1982, the US Congress established the Court of Appeals for the Federal Circuit (CAFC) as the sole appellate court for patent cases. Ostensibly, this court was created to eliminate inconsistencies in the application and interpretation of patent law across federal courts, and thereby mitigate...

Economists, legal scholars and policy makers are concerned about the impact of patent litigation on the rate and direction of US innovation and on the functioning of the US intellectual property system. At this time, however, there is no reliable, comprehensive, free and publicly accessible...

Even though the US Federal Circuit has been facing domestic criticism about its exclusive jurisdiction on patent appeal cases, there is a global trend of establishing specialized patent/IP court with the same goal as the US Congress once had, to increase the uniformity, efficiency and quality of...

Using the pending Daiichi Sankyo case as a point of reference, this article examines whether EU exclusive competence under Article 207 TFEU requires the CJEU to interpret the patent provisions of the TRIPS Agreement and, if so, what are the implications for patent protection in the EU. It...

It has been argued that procedural formalism undermines economic efficiency by fostering rent-seeking and corruption. We challenge this view by arguing that a number of judicial procedures foster economic growth by increasing the predictability of court decisions, which leads to more...