A Study of the Role and Impact of Special Masters in Patent Cases

Specialized Trial Courts in Patent Litigation: A Review of the Patent Pilot Project at the Five Year Mark

“…As Kesan & Ball argue, there are four main arguments as to why one may want to specialize: 1) development of "judicial human capital,"; 2) fostering of uniformity and consistent precedent; 3) the impact specialization has on the "political economy of the legal system" and 4) increasing the efficiency of trial court management. 70 The argument for specialization may be especially strong with respect to complex matters like patent litigation, where, as Rochelle Dreyfuss notes, "[t]he more intricate the law, the more likely it is that a generalist will get things wrong, confuse matters and encourage additional litigation." 71 A specialist court may be better able to gauge the nuances behind bright line rules and thus better understand the circumstances under which correctness subsumes to convenience.…”