Add to ORKGThe tension between an extremely barebones Federal Rules of Civil Procedure Form 18 for patent infringement lawsuits and Supreme Court case law through Twombly and Iqbal has made it difficult for courts to dismiss frivolous patent litigation at the complaint stage. In this article, I look at the Federal Circuit’s treatment of Twombly and Iqbal, empirically evaluate 12(b)(6) motions from various district courts, and summarize local patent rules from the Eastern District of Texas. I conclude that the biggest likely impact of statutorily heightening and defining patent pleading standards through the proposed Innovation Act would be to provide much-needed uniformity in the endeavor of gatekeeping weak lawsuits, without serious adverse impact
28 U.S.C. § 1400(b) provides that a defendant in a patent case may be sued where the defendant is in...
Over the last twenty years, a quiet revolution has taken place in patent law. Traditionally, patents...
For most of patent law’s 200-year plus history, the rule has been that patentholders are permitted t...
The tension between an extremely barebones Federal Rules of Civil Procedure Form 18 for patent infri...
On December 1, 2015, amendments to the Federal Rules of Civil Procedure took effect. The changes inc...
The Supreme Court\u27s recent Twombly decision has tightened pleading standards by retiring Conley v...
In evaluating the sufficiency of complaints for patent infringement, courts and litigants have strug...
Congress, the Executive, and the Judiciary have all had “patent litigation abuse” on their minds rec...
Barely three years after passing the America Invents Act, Congress is again considering patent refor...
Historically, patent litigation has been viewed and treated primarily as private law litigation, as ...
In this Essay, we compare U.S. patent litigation across districts and consider possible explanations...
Patent reform increasingly focuses on discovery. Discovery is perceived as disproportionately expens...
In TC Heartland v. Kraft Foods Group Brands, the Supreme Court tightened the venue requirement for p...
The United States Court of Appeals for the Federal Circuit exists, at least in part, to achieve goal...
The widespread belief that patent law is special has shaped the development of patent law into one o...
28 U.S.C. § 1400(b) provides that a defendant in a patent case may be sued where the defendant is in...
Over the last twenty years, a quiet revolution has taken place in patent law. Traditionally, patents...
For most of patent law’s 200-year plus history, the rule has been that patentholders are permitted t...
The tension between an extremely barebones Federal Rules of Civil Procedure Form 18 for patent infri...
On December 1, 2015, amendments to the Federal Rules of Civil Procedure took effect. The changes inc...
The Supreme Court\u27s recent Twombly decision has tightened pleading standards by retiring Conley v...
In evaluating the sufficiency of complaints for patent infringement, courts and litigants have strug...
Congress, the Executive, and the Judiciary have all had “patent litigation abuse” on their minds rec...
Barely three years after passing the America Invents Act, Congress is again considering patent refor...
Historically, patent litigation has been viewed and treated primarily as private law litigation, as ...
In this Essay, we compare U.S. patent litigation across districts and consider possible explanations...
Patent reform increasingly focuses on discovery. Discovery is perceived as disproportionately expens...
In TC Heartland v. Kraft Foods Group Brands, the Supreme Court tightened the venue requirement for p...
The United States Court of Appeals for the Federal Circuit exists, at least in part, to achieve goal...
The widespread belief that patent law is special has shaped the development of patent law into one o...
28 U.S.C. § 1400(b) provides that a defendant in a patent case may be sued where the defendant is in...
Over the last twenty years, a quiet revolution has taken place in patent law. Traditionally, patents...
For most of patent law’s 200-year plus history, the rule has been that patentholders are permitted t...