Judicial Wisdom or Patent Envy? The Eleventh, Seventh and Federal Circuits' Patent Jurisdictional Battle

Abstract

This article observes a startling new appellate jurisdictional battle waged by regional circuit courts to chip away the Federal Circuit’s exclusive jurisdiction in patent cases. The Eleventh Circuit took an unprecedented step by engaging in patent claim construction and infringement under literal infringement analysis and the doctrine of equivalents analysis. In a case of first impression, the Eleventh Circuit asserted that it legitimately has appellate jurisdiction to decide cases involving substantive patent law. Instead of grabbing jurisdiction, the Seventh Circuit, through its Chief Judge, grabbed public attention by advocating for the abolishment of the Federal Circuit’s exclusive jurisdiction over patent cases. The Chief Judge announced that the Seventh Circuit is able and ready to hear patent cases. Why do regional circuit courts now want to assert jurisdiction over patent cases? What implications can be drawn from the jurisdictional battle? Are their assertions of jurisdiction over patent cases legitimate? This article addresses these urgent questions.