The Phoenix Issues
Origins of the Original “Phoenix List”: “Upon the creation of the Federal Circuit [in 1982], Chief Judge Howard Thomas Markey created a ‘Phoenix List’ to fulfill what he saw as the “duty of [the new court] of clarify the law of patents itself [which] will require the resolution of numerous apparent conflicts [amongst the circuits] lurking in past decisions and decisional approaches of various courts.” William C. Rooklidge & Matthew F. Weil, En Banc Review, Horror Pleni, and the Resolution of Patent Law Conflicts, 40 Santa Clara L. Rev. 787, 802 (2000)(citing Howard T. Markey, The Phoenix Court, 10 Am. Pat. L. Ass’n Q.J. 227, 232 (1982)). Following Chief Judge Markey’s lead, The Naples Roundtable has identified current issues in need of clarification. These issues, as well as others that will be identified as the work of The Naples Roundtable and its committees evolves, will be the focus of our attention.
2019 PHOENIX ISSUES FOR DISCUSSION and invited panel participants
Phoenix Issue III. Is the current level of implementation of Section 101 supportive of having a strong patent system or has it gone too far? If it should be changed then what judicial and legislative actions regarding patent eligibility under Section 101 would best serve the patent system?
Phoenix Issue IV. How best should venue issues be determined following the Supreme Court’s recent decision in TC Heartland v. Kraft?
Phoenix Issue VI. What actions, if any, are needed to protect the U.S. patent system and U.S. patent holders in light of Brexit and ongoing developments relating to a European Unitary Patent/Unified Patent Court?