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Articles 1 - 6 of 6
Full-Text Articles in Litigation
Will Delaware Be Different? An Empirical Study Of Tc Heartland And The Shift To Defendant Choice Of Venue, Ofer Eldar, Neel U. Sukhatme
Will Delaware Be Different? An Empirical Study Of Tc Heartland And The Shift To Defendant Choice Of Venue, Ofer Eldar, Neel U. Sukhatme
Georgetown Law Faculty Publications and Other Works
Why do some venues evolve into litigation havens while others do not? Venues might compete for litigation for various reasons, like enhancing their judges’ prestige and increasing revenues for the local bar. This competition is framed by the party that chooses the venue. Whether plaintiffs or defendants primarily choose venue is crucial because, we argue, the two scenarios are not symmetrical.
The Supreme Court’s recent decision in TC Heartland LLC v. Kraft Foods LLC illustrates this dynamic. There, the Court effectively shifted venue choice in many patent infringement cases from plaintiffs to corporate defendants. We use TC Heartland to empirically …
11th Circuit Court Of Appeals: Cambridge Univ. Press V.Albert, Opinion (2018), 11th Circuit Court Of Appeals
11th Circuit Court Of Appeals: Cambridge Univ. Press V.Albert, Opinion (2018), 11th Circuit Court Of Appeals
Georgia State University Copyright Lawsuit
No abstract provided.
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 Articles
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 …
The Rule Of Reason, Herbert J. Hovenkamp
The Rule Of Reason, Herbert J. Hovenkamp
All Faculty Scholarship
Antitrust’s rule of reason was born out of a thirty-year (1897-1927) division among Supreme Court Justices about the proper way to assess multi-firm restraints on competition. By the late 1920s the basic contours of the rule for restraints among competitors was roughly established. Antitrust policy toward vertical restraints remained much more unstable, however, largely because their effects were so poorly understood.
This article provides a litigation field guide for antitrust claims under the rule of reason – or more precisely, for situations when application of the rule of reason is likely. At the time pleadings are drafted and even up …
Teva And The Process Of Claim Construction, Lee Petherbridge Ph.D., R. Polk Wagner
Teva And The Process Of Claim Construction, Lee Petherbridge Ph.D., R. Polk Wagner
All Faculty Scholarship
In Teva Pharmaceuticals USA, Inc. v. Sandoz, Inc., the Supreme Court addressed an oft-discussed jurisprudential disconnect between itself and the U.S. Court of Appeals for the Federal Circuit: whether patent claim construction was “legal” or “factual” in nature, and how much deference is due to district court decisionmaking in this area. In this Article, we closely examine the Teva opinion and situate it within modern claim construction jurisprudence. Our thesis is that the Teva holding is likely to have only very modest effects on the incidence of deference to district court claim construction but that for unexpected reasons the …
How Should Damages Be Calculated For Design Patent Infringement?, Mark D. Janis
How Should Damages Be Calculated For Design Patent Infringement?, Mark D. Janis
Articles by Maurer Faculty
No abstract provided.