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 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...