Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- AIA (1)
- Administrative (1)
- Agency (1)
- America Invents Act (1)
- Appeal (1)
-
- BitTorrent (1)
- CBM (1)
- Civil Procedure (1)
- Civil procedure (1)
- Collective Action (1)
- Copyright (1)
- Copyright trolls (1)
- Covered Business Method (1)
- Empirical (1)
- File-sharing (1)
- IPR (1)
- Inter Partes (1)
- Intervenor (1)
- Joinder (1)
- Litigation (1)
- Litigation strategy (1)
- PTAB (1)
- Patent (1)
- Pleading standards (1)
- Post Grant (1)
- Public interest litigation (1)
- Statutory damages (1)
- USPTO (1)
Articles 1 - 2 of 2
Full-Text Articles in Civil Procedure
When Can The Patent Office Intervene In Its Own Cases?, Saurabh Vishnubhakat
When Can The Patent Office Intervene In Its Own Cases?, Saurabh Vishnubhakat
Faculty Scholarship
The rise of administrative patent validity review since the America Invents Act has rested on an enormous expansion of Patent Office authority. A relatively little-known aspect of that authority is the agency's statutory ability to intervene in Federal Circuit appeals from adversarial proceedings in its own Patent Trial and Appeal Board. The Patent Office has exercised this intervenor authority frequently and with specific apparent policy objectives, including where one of the adverse parties did not participate in the appeal. Moreover, until recently, there has been no constitutional inquiry into the Article III standing that the Patent Office must establish in …
Defense Against The Dark Arts Of Copyright Trolling, Matthew Sag, Jake Haskell
Defense Against The Dark Arts Of Copyright Trolling, Matthew Sag, Jake Haskell
Faculty Publications & Other Works
In this Article, we offer both a legal and a pragmatic framework for defending against copyright trolls. Lawsuits alleging online copyright infringement by John Doe defendants have accounted for roughly half of all copyright cases filed in the United States over the past three years. In the typical case, the plaintiff's claims of infringement rely on a poorly substantiated form pleading and are targeted indiscriminately at noninfringers as well as infringers. This practice is a subset of the broader problem of opportunistic litigation, but it persists due to certain unique features of copyright law and the technical complexity of Internet …