I am not convinced that there is any alternative approach that has a reasonable likelihood of success. But I agree with the concerns expressed about the precedent of establishing specialty courts. which in general would be very detrimental to our tradition of diversity and independence on the bench. Senator BAucus argued forcefully before the Judiciary Committee that proposals for other specialty courts have been made in areas like the environment. immigration. and taxation. I would be dismayed if the proponents of these ideas cited our action to justify additional specialty courts. The uniqueness of the patent field is not its complexity. for many cases in a variety of areas are just as complex.
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