University of Pittsburgh

Arthur Hellman’s Testimony Quoted by Federal Judge to Show Intent of Congress

Publish Date/Time: 
April 27, 2012

Professor Arthur Hellman’s testimony at a Congressional hearing was quoted recently in a federal judicial opinion as the “legislative history” to show the intent of Congress in revising provisions of the Judicial Code governing federal and state jurisdiction in intellectual property cases. The case was decided by the United States Court of Appeals for the Federal Circuit, and it involved the “Holmes Group fix” passed by Congress as part of the America Invents Act. Judge Kathleen O’Malley, dissenting from denial of rehearing en banc, noted that Congress, in revising the jurisdictional statutes, was careful to preserve the doctrine established by Christianson, a key Supreme Court precedent. To show Congress’s intent, Judge O’Malley cited Professor Hellman’s testimony at the hearing on the legislation that became the “Holmes Group fix.” Judge O’Malley also quoted the House Report, which in turn quoted Professor Hellman. The discussion is on page 13 of the PDF. Byrne v. Wood, Herron, & Evans, LLP (No. 2011-1012) (Mar. 22, 2012).

Link: http://www.cafc.uscourts.gov/images/stories/opinions-orders/11-1012%20order.pdf

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