A District Judge's Proposal for Patent Reform: Revisiting the Clear and Convincing Standard and Calibrating Deference to the Strength of the Examination

摘要

Patent reform is hot these days. This short Article gives my perspective, as a federal district court judge in a patent-intensive venue, on what is wrong, and my proposal for a simple, if only partial, fix. Over my decade on the bench in San Francisco, I have presided over more than one hundred patent infringement actions, ten of which went through trial. In my earlier career as a trial lawyer, I litigated two patent trials to completion. In this Article, I speak individually and for no one else. Although this Article sets forth a recommendation, my duty as a judge to faithfully uphold the law, whether or not Congress adopts my recommendation, will be foremost.