After reviewing jurisprudence that is consistent with the predicted behavior of specialized courts, this paper will discuss some recent Supreme Court cases which address some of the Circuit's distinctive jurisprudence. In addition to examining evidence of characteristics consistent with specialization-caused effects, this paper will highlight several examples suggesting that the perception is growing at the Supreme Court that the Circuit is behaving as a specialized court developing distinctive jargon and rules, and unduly tending to its constituency. That perception may or may not be justified, but there are signs that the CAFC is responding to the perception in its early cases implementing the Supreme Court rulings.
Parker, Alan B.
"Examining Distinctive Jurisprudence in the Federal Circuit: Consequences of a Specialized Court,"
Akron Intellectual Property Journal: Vol. 3
, Article 4.
Available at: https://ideaexchange.uakron.edu/akronintellectualproperty/vol3/iss2/4