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2010

Civil Procedure

Selected Works

Articles 1 - 2 of 2

Full-Text Articles in Law

Patent Pleading After Iqbal: Using Infringement Contentions As A Guide, Richard Alan Kamprath Jan 2010

Patent Pleading After Iqbal: Using Infringement Contentions As A Guide, Richard Alan Kamprath

Richard Kamprath

“Patent Pleading After Iqbal: Using Infringement Contentions As A Guide” This article proposes how the new standard for pleading patent infringement related claims should be interpreted in light of the Supreme Court’s decisions in Twombly and Iqbal. The facial plausibility of a pleading requires more than bare allegations and must be supported with enough facts in order for the court to infer wrongdoing by the accused infringer. This article is dedicated to applying this theory of pleading to the practical world of the courtroom. Federal Rule 8 is discussed as the starting point to understanding pleading in the federal courts. …


Resolving Cases On The Merits, Jay Tidmarsh Dec 2009

Resolving Cases On The Merits, Jay Tidmarsh

Jay Tidmarsh

Prepared for a Symposium on Civil Justice Reform, this essay examines the role of the “on the merits” principle in modern American procedure. After surveying the possible meanings of the phrase, the essay critiques its most common understanding due to its economic inefficiency and its lack of strong philosophical support. Relying on the recent work of Amartya Sen, the essay proposes that the principle be replaced with a “fair outcome” principle that melds both “procedural” and “substantive” concerns.