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Practice Makes Perfect? An Empirical Study of District Court Judges Experience with Patent Cases |
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Abstract:
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The United States judicial system is based upon a system of teaching and learning. Higher courts teach doctrine to lower courts via judicial decisions, and lower courts learn from these decisions. This article tests the teaching-and-learning premise on the issue of claim construction in the realities of patent litigation. I examines the appellate performance of district court judges with varying experience on the issue of patent claim construction. While others have shown that the Federal Circuit reverses a large percentage of lower court claim constructions (generally between 33% to 50%), until this study, no one has analyzed whether judges with more claim construction appeal experience fare better on subsequent appeals.
Quite surprisingly, my data do not reveal any evidence that district court judges learn from prior appeals of their rulings. I also found no suggestion that there is a significant relationship between experience and performance. The lack of evidence that Federal Circuit review aids district court judges is disconcerting. Either the district court judges are incapable of or not interested in learning, or the Federal Circuit decisions do a poor job of teaching district court judges how to construe claims. If the Federal Circuit is failing in its teaching capacity, this has serious ramifications for the patent system. Further, if this breakdown in the learning and teaching dynamic is not limited to patent law, a broader revisiting of our understanding of the court system may be warranted. |
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district (255), judg (255), court (255), construct (255), claim (255), case (212), patent (187), feder (146), circuit (136), revers (126), appeal (107), rate (80), decis (77), may (61), databas (61), term (61), appel (60), review (60), constru (59), number (56), studi (54), |
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Association:
Name: The Law and Society Association URL: http://www.lawandsociety.org
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Citation:
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MLA Citation:
| Schwartz, Dave. "Practice Makes Perfect? An Empirical Study of District Court Judges Experience with Patent Cases" Paper presented at the annual meeting of the The Law and Society Association, Hilton Bonaventure, Montreal, Quebec, Canada, May 27, 2008 <Not Available>. 2009-05-23 <http://www.allacademic.com/meta/p236821_index.html> |
APA Citation:
| Schwartz, D. , 2008-05-27 "Practice Makes Perfect? An Empirical Study of District Court Judges Experience with Patent Cases" Paper presented at the annual meeting of the The Law and Society Association, Hilton Bonaventure, Montreal, Quebec, Canada Online <APPLICATION/FORCE-DOWNLOAD>. 2009-05-23 from http://www.allacademic.com/meta/p236821_index.html |
Publication Type: Conference Paper/Unpublished Manuscript Abstract: The United States judicial system is based upon a system of teaching and learning. Higher courts teach doctrine to lower courts via judicial decisions, and lower courts learn from these decisions. This article tests the teaching-and-learning premise on the issue of claim construction in the realities of patent litigation. I examines the appellate performance of district court judges with varying experience on the issue of patent claim construction. While others have shown that the Federal Circuit reverses a large percentage of lower court claim constructions (generally between 33% to 50%), until this study, no one has analyzed whether judges with more claim construction appeal experience fare better on subsequent appeals.
Quite surprisingly, my data do not reveal any evidence that district court judges learn from prior appeals of their rulings. I also found no suggestion that there is a significant relationship between experience and performance. The lack of evidence that Federal Circuit review aids district court judges is disconcerting. Either the district court judges are incapable of or not interested in learning, or the Federal Circuit decisions do a poor job of teaching district court judges how to construe claims. If the Federal Circuit is failing in its teaching capacity, this has serious ramifications for the patent system. Further, if this breakdown in the learning and teaching dynamic is not limited to patent law, a broader revisiting of our understanding of the court system may be warranted. |
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application/force-download |
| Page count: |
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25928 |
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| DRAFT –5/6/2008 8:22:33 PM - SUBJECT TO REVISION Michigan Law Review VOLUME 107 _____ 2008 NUMBER _ PRACTICE MAKES PERFECT? AN EMPIRICAL STUDY OF CLAIM CONSTRUCTION REVERSAL RATES IN PATENT CASES DAVID L. SCHWARTZ† CONTENTS INTRODUCTION .............................................................................................1 I. CLAIM CONSTRUCTION AND PREVIOUS EMPIRICAL SCHOLARSHIP ..........4 A. The Basics of Claim Construction................................................5 B. Canons of Claim Construction .....................................................6 C. Empirical Literature on Claim Construction ..............................11 II. STUDY DESIGN AND METHODOLOGY .....................................................16 A. The Appellate Decisions.............................................................17 B. Reliability and Validity of |
| proposition that litigants appeal cases at a greater frequency from judges that have been reversed on claim construction more often. The amount of the selection bias appears relatively small especially when compared with the overall level of appeals. There does not appear to be support that litigants appeal cases at a lesser frequency from judges that have been reversed less often. The support for these propositions was found using a very limited subset of the data --- judges that |
Similar Titles:
Under What Conditions do Federal Circuit Courts of Appeals Judges Fear Reversal from their Circuit En Banc?
Applying Attitudinal Models to Federal Courts of Appeals: Appellate Review of Trial Judges' Decisions to Admit Scientific Expert Testimony
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