The chief judge of the U.S. Court of Appeals for the Seventh Circuit, Diane Wood, recently delivered a speech provocatively titled “Is It Time to Abolish the Federal Circuit’s Exclusive Jurisdiction in Patent Cases?” While it is trendy to criticize the patent system, Judge Wood’s prominence and her colorful critique have raised eyebrows. Her far-reaching proposal deserves close consideration—and honest rebuttal.
Her focus on the Federal Circuit is understandable. Although historically patent law was considered an esoteric backwater, it is now recognized as a dynamic legal field involving fascinating subjects and great financial stakes. Our world is filled with amazing new inventions, and patent appeals now attract the finest advocates and garner national media attention. In many ways, the Federal Circuit’s patent docket has become the envy of the system.
