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Swallowing The Apple Whole: Improper Patent Use By Local Rule, Ellisen S. Turner
Swallowing The Apple Whole: Improper Patent Use By Local Rule, Ellisen S. Turner
Michigan Law Review
During patent infringement litigation, the Federal Rules of Civil Procedure ("FRCP") and the federal district court's local rules govern the parties' pretrial discovery and motion practice. The U.S. District Court for the Northern District of California has adopted the most comprehensive local rules to date covering pretrial procedures in the patent litigation context. The Northern District of California Patent Local Rules ("Local Rules") may come to have a significant impact throughout the federal courts, as it appears that other jurisdictions and commentators are looking to the Local Rules for guidance. For instance, the American Bar Association Section of Intellectual Property …
Federal Practice - Appeal And Error - Dismissal Of Counterclaim Because Of Improper Venue Appealable As Interlocutory Order Denying Injunction
Michigan Law Review
To plaintiffs' suit for patent infringement defendants counterclaimed upon an unrelated patent asking for an injunction and an accounting. Plaintiffs' motion to dismiss on the ground of improper venue was sustained by the district court. Defendants appealed and plaintiffs moved to dismiss on the ground that dismissal of a counterclaim was not a refusal of an injunction and therefore not appealable under Sec. 129, Judicial Code. The circuit court of appeals allowed the appeal and this decision was affirmed by the Supreme Court. General Electric Co. et al. v. Marvel Rare Metals Co. et al., 287 U.S. 430, 53 …