NCJ Number
95592
Date Published
1981
Length
843 pages
Annotation
Hearing testimony addresses a legislative proposal (H.R. 2405) to create a new intermediate appellate court, the U.S. Court of Appeals for the Federal Circuit.
Abstract
Chief Judge Howard Markey of the U.S. Court of Customs and Patent Appeals affirms his support for the legislation. Markey identifies a major problem addressed and solved in H.R. 2405 -- the inconsistent interpretation and application of the Nation's patent laws. Markey emphasizes that the problem is solely at the appellate level, where the concern is the law, and only very rarely, the facts. The statement of Daniel Friedman, Chief Judge of the United States Court of Claims, is also presented. Friedman provides background information on the proposed court and suggests a change in Section 305 of the bill to eliminate ambiguity. Additional suggestions for changes are in a statement by trial judges. The statement of Sidney Neuman, Vice-Chairman of the Committee to Preserve the Patent Jurisdiction of the U.S. Courts of Appeals is included. Mr. Neuman contends there is no evidence of inconsistency in the patent decisions of the regional courts of appeals, there is no urgent need for the creation of a special patent appeals court, and a new court is not needed to eliminate forum shopping. Appendixes contain materials provided by the chairman and witnesses, the text of the bill, and supplemental materials.