The Supreme Court has warned against the creation and expansion of patent-specific rules of procedure where the general law would suffice. The recently revived and expanded Kessler doctrine is one such patent-specific rule, and we argue its time has come for resorption into the general law of preclusion that has since expanded to encompass the doctrine. We utilize a novel law and economic analysis of the rules of preclusion to demonstrate how lower courts’ expansion of the Kessler doctrine defeats the rationale behind the general law of preclusion.
Crouch, Dennis and Rafatijo, Homayoon
"Resorbing Patent Law's Kessler Cat into the General Law of Preclusion,"
Akron Law Review: Vol. 55:
1, Article 2.
Available at: https://ideaexchange.uakron.edu/akronlawreview/vol55/iss1/2