Congress created the Federal Circuit as a specialized appellate court with the goals of fostering uniformity in outcomes, coherent evolution of patent law doctrine and policy, and the development of judicial expertise and competency. However, the creation of this specialized appellate court has...

In this manuscript, I criticize the Federal Circuit's current standard for evaluating the individual liability of corporate officers for the patent infringement of their corporations as being based incorrectly upon a piercing of the corporate veil (a doctrine applicable only to corporate...

Corporate officer liability doctrines under both the Patent Act and the Copyright Act diverge markedly from traditional corporate, agency, and tort law doctrines. This manuscript explores why the case law in federal patent and copyright cases differs so markedly not only from traditional legal...

In 1995, the Federal Circuit summarily attached the label of “strict liability” to direct patent infringement, even though that term does not appear in any U.S. Patent Act of the past two centuries. The catechism of “strict” direct patent infringement liability is now so well-engrained...