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Patent Pleading After Iqbal: Using Infringement Contentions As A Guide, Richard Alan Kamprath
Patent Pleading After Iqbal: Using Infringement Contentions As A Guide, Richard Alan Kamprath
Richard Kamprath
“Patent Pleading After Iqbal: Using Infringement Contentions As A Guide” This article proposes how the new standard for pleading patent infringement related claims should be interpreted in light of the Supreme Court’s decisions in Twombly and Iqbal. The facial plausibility of a pleading requires more than bare allegations and must be supported with enough facts in order for the court to infer wrongdoing by the accused infringer. This article is dedicated to applying this theory of pleading to the practical world of the courtroom. Federal Rule 8 is discussed as the starting point to understanding pleading in the federal courts. …
The Tragedy Of (Ignoring) The Information Semicommons: A Cultural Environmental Perspective, Robert Lee Cunningham
The Tragedy Of (Ignoring) The Information Semicommons: A Cultural Environmental Perspective, Robert Lee Cunningham
Robert Cunningham
The second enclosure movement critique is familiar theoretical territory for scholars concerned with the creeping maximalist impulse of Intellectual Property Rights (IPRs). Just as the first enclosure movement relating to real property created controversies concerning social contract and the advertised efficiencies of private real property, so too these concerns are echoed within the context of IPRs. This paper employs the emergent discourse of cultural environmentalism so as to diagnose and resolve IPR issues evident within the information environment. Cultural environmentalism borrows, begs and steals analytical frameworks from environmentalism, such as those relating to the commons, public choice theory, welfare economics …