Journal of Intellectual Property Law


The safety valve standard articulated in In re Katz Interactive Call Processing Litigation is at odds with the provisions of the U.S. Patent Act and violates constitutional due process. Without requisite constitutional protections and those protections guaranteed by the U.S. Patent Act, patentees in complex modern patent litigation are at risk of having their patent rights deprived from contrary to the congressional intent articulated in the statute and without requisite process. The courts must balance their need for efficient administration of the law in patent cases by implementing equitable measures to ensure that patentees’ rights are not trampled on. Additionally, Congress should make a statement on the treatment of patents as irrationally protected property. This note argues that inconsistency with statutory scheme is the better vehicle for analysis on this issues, but nonetheless offers potential solutions and strategies to navigate the Federal Circuit’s safety valve standard.