Shubha Ghosh


This article examines how the Federal Circuit addresses state commercial and contract law in its patent law jurisprudence. Instead of deferring to state law, the court creates its own federal common law of contracts and assignments, creating parallels with the debates arising from the 1938 Erie decision. This federal common law is inconsistent with the need for uniformity in the law governing patent transactions. To resolve this issue, Congress may consider stripping Federal Circuit jurisdiction over state contract law claims. This article examines the pros and cons of this proposal.