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Article
Patent Cases and Public Controversies
Notre Dame Law Review
  • Amelia Smith Rinehart, University of Utah, S.J. Quinney College of Law
Disciplines
Abstract

The Article proceeds as follows. Part I summarizes the evolution of the current standard for justiciability in declaratory patent cases, including the Supreme Court’s MedImmune opinion and its progeny in the Federal Circuit and the lower courts. Part II discusses the growing trend of public interest patent litigation and the hurdles declaratory plaintiffs face on justiciability grounds despite courts’ approval of patent challenges generally on policy grounds. Finally, Part III introduces a legislative reform that promises to afford justiciability for some members of the public without compromising Article III’s emphasis on private adjudication.

Publication Date
11-1-2013
Citation Information
89 Notre Dame L. Rev. 361