The Federal Question in Patent License Cases

38 Pages Posted: 25 Sep 2014 Last revised: 26 Mar 2015

See all articles by Amelia Smith Rinehart

Amelia Smith Rinehart

University of Utah - S.J. Quinney College of Law

Date Written: 2012

Abstract

The jurisdictional rules that determine whether a license case arises under the patent laws are cumbersome and expensive for courts and litigants alike. Gunn v. Minton, a recent patent malpractice case raising very different concerns than the ones raised in license cases, will only add to the inconsistency, inefficiency, and uncertainty that surround this “dark corridor” of federal question jurisdiction. The time has come for a new assessment of arising under jurisdiction in patent cases that reduces these burdens, promotes uniformity, encourages patent challenges, and reflects Congress’ intent to carry federal patent questions into federal courts.

Suggested Citation

Rinehart, Amelia Smith, The Federal Question in Patent License Cases (2012). Indiana Law Journal, Vol. 87, 2012, University of Utah College of Law Research Paper No. 89, Available at SSRN: https://ssrn.com/abstract=2500522

Amelia Smith Rinehart (Contact Author)

University of Utah - S.J. Quinney College of Law ( email )

383 S. University Street
Salt Lake City, UT 84112-0730
United States
801 581 6034 (Phone)
801 581 6897 (Fax)

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
33
Abstract Views
598
PlumX Metrics