Open Access. Powered by Scholars. Published by Universities.®
- Discipline
- Keyword
-
- Federal Rules of Civil Procedure (2)
- Patent law (2)
- Abrogation (1)
- Access to information (1)
- America Invests Act (1)
-
- Appendix of Forms (1)
- Ashcroft v. Iqbal (1)
- Bell Atlantic v. Twombly (1)
- Case law (1)
- Complexity (1)
- Conley v. Gibson (1)
- Corporations (1)
- Cost-sharing (1)
- Costs (1)
- Delays (1)
- Discovery (1)
- Electronic discovery (1)
- Electronic documents (1)
- Form 18 (1)
- Game theory (1)
- Information (1)
- Joinder (1)
- Law reform (1)
- Northern District of California (1)
- Patent assertions (1)
- Patent infringement (1)
- Plaintiffs (1)
- Plausibility standard (1)
- Rule 11 (1)
- Rule 84 (1)
Articles 1 - 3 of 3
Full-Text Articles in Civil Procedure
Plausible Pleading In Patent Suits: Predicting The Effects Of The Abrogation Of Form 18, Kyle R. Williams
Plausible Pleading In Patent Suits: Predicting The Effects Of The Abrogation Of Form 18, Kyle R. Williams
Michigan Telecommunications & Technology Law Review
On December 1, 2015, amendments to the Federal Rules of Civil Procedure took effect. The changes included, among other things, the abrogation of the Appendix of Forms, which contained templates for summons, complaints, answers, and other litigation documents. Prior to its abrogation, Form 18—a template for a “Complaint for Patent Infringement”—was widely utilized by patent plaintiffs in crafting infringement complaints. Form 18 was created during the Conley pleading regime, when conclusory allegations were generally sufficient to survive a motion to dismiss. Accordingly, the sample allegations in Form 18 were conclusory and bare-bones in nature. Under Conley, plaintiffs who followed this …
Joinder Under The Aia: Shifting Non-Practicing Entity Patent Assertions Away From Small Businesses, Xun Liu
Joinder Under The Aia: Shifting Non-Practicing Entity Patent Assertions Away From Small Businesses, Xun Liu
Michigan Telecommunications & Technology Law Review
When the America Invents Act ("AIA ") was signed in September 2011, many feared the law might benefit larger corporations at the expense of small businesses. This Note examines how one portion of the AIA, governing joinder in patent cases, might actually benefit small businesses by reducing patent assertions from non-practicing entities ("NPEs"). NPE assertions disproportionately affect small businesses, both because NPEs target small businesses more frequently and because patent assertions have a greater impact on individual companies. Prior to the AIA, joining multiple defendants in a single lawsuit offered important advantages for patent holders and allowed NPEs to achieve …
Corporate Cooperation Through Cost-Sharing, Nicola Faith Sharpe
Corporate Cooperation Through Cost-Sharing, Nicola Faith Sharpe
Michigan Telecommunications & Technology Law Review
Applying a game-theoretic approach based on the classic prisoners' dilemma provides valuable insights into corporate managers' decision-making incentives under existing discovery rules. It demonstrates that the fee structure imposed by current discovery rules leads to inefficiency and motivates corporate litigants on either side of a controversy to employ abusive discovery practices, although each party would benefit from cooperation. Using this framework, this Article shows how a cost-sharing regime can motivate litigants to engage in cooperative discovery and, as a consequence, facilitate more efficient and less abusive discovery practices. To date, scholars, who have posited that cooperative behavior in the discovery …