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Uncertainty About Real Parties In Interest And Privity In Aia Trials, Evan Day, Kevin Patariu, Bing Ai
Uncertainty About Real Parties In Interest And Privity In Aia Trials, Evan Day, Kevin Patariu, Bing Ai
Chicago-Kent Journal of Intellectual Property
No abstract provided.
To Stay Or Not To Stay Pending Ipr? That Should Be A Simpler Question, Joel Sayres, Julie Wahlstrand
To Stay Or Not To Stay Pending Ipr? That Should Be A Simpler Question, Joel Sayres, Julie Wahlstrand
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Keynote Address: Stalemate Or Statesmen: What Is Needed To Move Forward Constructively With The Balancing Of America's Ip System?, David J. Kappos
Keynote Address: Stalemate Or Statesmen: What Is Needed To Move Forward Constructively With The Balancing Of America's Ip System?, David J. Kappos
Chicago-Kent Journal of Intellectual Property
No abstract provided.
Competing With The “Patent Court”: A Newly Robust Ecosystem, Arti K. Rai
Competing With The “Patent Court”: A Newly Robust Ecosystem, Arti K. Rai
Chicago-Kent Journal of Intellectual Property
In a provocative address, Chief Judge Wood of the Seventh Circuit Court of Appeals suggests exposing the Court of Appeals for the Federal Circuit, created in 1982 to hear all appeals from patent cases, to competition from sister appellate courts. This response, published as part of a Symposium on Chief Judge Wood's address, argues that competition is indeed desirable. Whether such competition is best provided by other appellate courts is unclear, however. The more tractable approach is to improve competitive input from sources that have already emerged. These include dissenting Federal Circuit judges, parties and amici who are not "patent …
Shopping For Reversals: How Accuracy Differs Across Patent Litigation Forums, Teresa Lii
Shopping For Reversals: How Accuracy Differs Across Patent Litigation Forums, Teresa Lii
Chicago-Kent Journal of Intellectual Property
This study analyzes the rate of reversal on appeal of each district court for the most popular patent litigation forums in the United States. Alarmingly, this study finds that district courts which have been shopped for by litigants may also be the courts that are most often applying patent law erroneously. Among these districts is the notoriously patentee-friendly Eastern District of Texas, which has attracted huge volumes of litigants to its dockets in recent years.
Although forum shopping has always antagonized the fairness of civil proceedings, it is of special problem in the context of patent litigation. Where billions of …