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Perspective

Apr. 23, 2009

An Appealing Provision

The standard interlocutory appeal provision has worked well in some areas of civil litigation, and it should also function well in patent cases, write Mark S. Davies and Kathryn Tarbert.

INSIGHT COLUMN

By Mark S. Davies and Kathryn Tarbert

The Federal Circuit and Congress often engage in a circular dance over changes to the patent laws. Time and again, patent reform legislation is proposed in response to a specific Federal Circuit doctrine, but, before the legislation is enacted, the Federal Circuit reforms the doctrine and thereby renders the legislation largely unnecessary. But one proposed change in the current patent reform legislation, t...

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