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When Patent Litigators Become Neurosurgeons

Abstract: Patent law is where the law meets the most cutting-edge and innovative technology of its time. Usually, subject matter experts, with the help of lawyers, are the ones applying for patents. But when it comes to granting and enforcing patent rights, the job falls onto lawyers and judges, who, for the most part, are likely not experts in the relevant technical field. Bridging the gap between technological expertise and legal expertise has been a pain point in patent litigation, one that Congress has tried to rectify for many years. This Comment primarily examines one of Congress’s solutions—the Patent Pilot Program—and discusses the changes that such a program could have in the event a similar system is implemented in the future. One potential change to note is that such a system should institute a standard set of guidelines and rules for each district to follow when it comes to patent infringement cases. This would ensure more uniformity across federal district jurisprudence in the field.


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