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Articles 1 - 5 of 5
Full-Text Articles in Civil Procedure
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Table Of Contents, Seattle University Law Review
Table Of Contents, Seattle University Law Review
Seattle University Law Review
No abstract provided.
Consequences For Patent Owners If A Patent Is Unconstitutionally Invalidated By The Patent Trial And Appeal Board, Mark Magas
Chicago-Kent Law Review
There have been many constitutional challenges against the Patent Trial and Appeal Board (“PTAB”) since it was created by the America Invents Act in 2011. While the merits of these challenges have been widely debated, there has been little analysis of what would happen if one of these challenges succeeded and patents are found to have been unconstitutionally invalidated. This note examines how issues with waiver, retroactivity, and finality may prevent patent owners from getting their patent rights back, considering the type of constitutional challenge and the different stages of the PTAB process. While the odds are stacked against patent …
Social Media, Manipulation, And Violence, Allyson Haynes Stuart
Social Media, Manipulation, And Violence, Allyson Haynes Stuart
South Carolina Journal of International Law and Business
No abstract provided.
Amended Rules, Amended Pleadings: How The Abrogation Of Form 18 Politicized Direct Infringement Patent Pleading, Nick Baniel
Amended Rules, Amended Pleadings: How The Abrogation Of Form 18 Politicized Direct Infringement Patent Pleading, Nick Baniel
Vanderbilt Journal of Entertainment & Technology Law
Since the abrogation of Form 18, the template for pleading direct infringement of patents, district courts have struggled to assess exactly what a plaintiff must assert in pleadings to survive a motion to dismiss for failure to state a claim. In place of Federal Rule of Civil Procedure 84, courts have developed multiple standards to assess pleading sufficiency. The US Court of Appeals for the Federal Circuit has provided little guidance when given the opportunity to resolve this division, leaving uncertainty for litigants and judges. Using data collected from opinions on motions to dismiss during 2016 and 2017, this Note …