Brief of Amici Curiae 56 Professors of Law and Economics in Support of Petition for Writ of Certiorari in TC Heartland LLC V. Kraft Foods Group Brands LLC, No. 16-341

Brief of Amici Curiae 56 Professors of Law and Economics in Support of Petition for Writ of Certiorari in TC Heartland LLC V. Kraft Foods Group Brands LLC, No. 16-341

Author: Colleen V. Chien

Publisher:

Published: 2016

Total Pages: 24

ISBN-13:

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28 U.S.C. § 1400(b) provides that a defendant in a patent case may be sued where the defendant is incorporated or has a regular and established place of business and has infringed the patent. This Court made clear in Fourco Glass Co. v. Transmirra Prods. Corp., 353 U.S. 222, 223 (1957), that those were the only permissible venues for a patent case. But the Federal Circuit has rejected Fourco and the plain meaning of § 1400(b), instead permitting a patent plaintiff to file suit against a defendant anywhere there is personal jurisdiction over that defendant. The result has been rampant forum shopping, particularly by patent trolls. 44% of 2015 patent lawsuits were filed in a single district: the Eastern District of Texas, a forum with plaintiff-friendly rules and practices, and where few of the defendants are incorporated or have established places of business. And an estimated 86% of 2015 patent cases were filed somewhere other than the jurisdictions specified in the statute. Colleen V. Chien & Michael Risch, Recalibrating Patent Venue, Santa Clara Univ. Legal Studies Research Paper No. 10-1 (Sept. 1, 2016), Table 3. This Court should grant certiorari to review the meaning of 28 U.S.C. § 1400(b) because the Federal Circuit's dubious interpretation of the statute plays an outsized and detrimental role, both legally and economically, in the patent system.


The Genius of American Corporate Law

The Genius of American Corporate Law

Author: Roberta Romano

Publisher: American Enterprise Institute

Published: 1993

Total Pages: 180

ISBN-13: 9780844738369

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This is a study of the structure of American corporate law, which combines economic analysis with empirical insights to produce a number of policy insights. It is suitable for anyone studying corporate law, securities regulation, comparative company law or federalism.


The Supreme Court Bar

The Supreme Court Bar

Author: Kevin T. McGuire

Publisher: University of Virginia Press

Published: 1993

Total Pages: 284

ISBN-13: 9780813914497

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Who represents litigants in the Supreme Court of the United States? Kevin T. McGuire shows that the most sophisticated of them have the advantage of representation by an elite counsel made up of former clerks to the justices, alumni of the Office of the Solicitor General, partners in powerful Washington law firms, and public interest lawyers, all of whom serve as gatekeepers to the Court. In this study, the first to characterize the bar of the Supreme Court as a whole, McGuire uses survey, archival, and interview data to explore the history and social structure of the community of Supreme Court specialists. In so doing, he assesses the strategic politics of Supreme Court practice, the ways in which dominant litigators can shape the Court's decisions, and what the existence of such an elite implies for judicial fairness.


Deciding to Decide

Deciding to Decide

Author: H. W. Perry

Publisher: Harvard University Press

Published: 2009-06-01

Total Pages: 332

ISBN-13: 9780674042063

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Of the nearly five thousand cases presented to the Supreme Court each year, less than 5 percent are granted review. How the Court sets its agenda, therefore, is perhaps as important as how it decides cases. H. W. Perry, Jr., takes the first hard look at the internal workings of the Supreme Court, illuminating its agenda-setting policies, procedures, and priorities as never before. He conveys a wealth of new information in clear prose and integrates insights he gathered in unprecedented interviews with five justices. For this unique study Perry also interviewed four U.S. solicitors general, several deputy solicitors general, seven judges on the D.C. Circuit Court of Appeals, and sixty-four former Supreme Court law clerks. The clerks and justices spoke frankly with Perry, and his skillful analysis of their responses is the mainspring of this book. His engaging report demystifies the Court, bringing it vividly to life for general readers--as well as political scientists and a wide spectrum of readers throughout the legal profession. Perry not only provides previously unpublished information on how the Court operates but also gives us a new way of thinking about the institution. Among his contributions is a decision-making model that is more convincing and persuasive than the standard model for explaining judicial behavior.


Patent Law

Patent Law

Author: Craig Allen Nard

Publisher:

Published: 2008

Total Pages: 0

ISBN-13: 9781587789021

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Concepts and Insights Series Professor Nard is the Tom J.E. and Bette Lou Walker Professor of Law and the founding director of the Center for Law, Technology, and the Arts at Case Western Reserve University School of Law. He is also a Senior Lecturer at the World Intellectual Property Organization Academy at the University of Torino, Italy, and is a frequent lecturer at various European universities, including Bocconi University in Milan and the University of Barcelona. Mr. Nard clerked on the United States Court of Appeals for the Federal Circuit in Washington, D.C., for both the Honorable Giles S. Rich and Helen W. Nies. Before clerking on the Federal Circuit, Nard practiced patent law for four years in Dallas, Texas, focusing on patent litigation. His scholarship has been published in numerous law reviews, including the Georgetown Law Journal, Northwestern Law Review, and the Review of Law and Economics. Professor Wagner focuses his research and teaching in intellectual property law and policy, with a special interest in patent law. He is the author of over fifteen articles on topics ranging from an empirical analysis of judicial decision-making in the patent law to the First Amendment status of software programs. His work has appeared in the Stanford Law Review, the Columbia Law Review, and the University of Pennsylvania Law Review, among several others. He is a frequent lecturer on intellectual property topics, presenting his research at both academic institutions and prominent industry groups. Prior to joining the Penn faculty, Wagner served as a clerk to Judge Raymond C. Clevenger III of the United States Court of Appeals for the Federal Circuit. He holds a law degree from Stanford, an engineering degree from the University of Michigan, and was a Roger M. Jones Fellow at the London School of Economics. Book jacket.


Gene Patents and Collaborative Licensing Models

Gene Patents and Collaborative Licensing Models

Author: Geertrui van Overwalle

Publisher: Cambridge University Press

Published: 2009-06-11

Total Pages: 517

ISBN-13: 0521896738

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The cost of patent licenses needed to design a new genetic test or treatment may ultimately prevent research projects getting started, as individual components are protected by different patent owners. This book examines legal measures which might be used to solve the problem of fragmentation of patents in genetics.


Business Organizations Law

Business Organizations Law

Author: James D. Cox

Publisher: West Academic Publishing

Published: 2020-03-16

Total Pages: 817

ISBN-13: 9781642424010

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Clear, succinct, descriptions of the reasoning and policy issues underlying corporate law that is accessible to law students with no business or economic background. The 2020 edition is thoroughly updated to include recent U.S. Supreme Court, Delaware and other leading decisions and regulatory developments (for example, the most recent version of the Model Business Corporation Act as well as the Delaware statute) that impact the conduct of corporate affairs including fiduciary obligations and duties in corporate transactions, governance, and management of corporations and LLCs, as well as benefit corporations, including the landscape of securities fraud suits in the federal courts, new discussions of unincorporated forms of business, insightful explanations of such news-making issues as corporate governance and director liabilities, and coverage of LLCs and LLPs.


Intellectual Property Rights in Frontier Industries

Intellectual Property Rights in Frontier Industries

Author: Robert William Hahn

Publisher: A E I Press

Published: 2005

Total Pages: 204

ISBN-13:

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"This collection of essays provides a state-of-the-art analysis of intellectual property rights issues in two frontier industries, software and biotechnology. It is the result of an AEI-Brookings Joint Center conference held on April 30, 2004." -- from the Preface, p. ix.


Duty and Desire Book Club Edition

Duty and Desire Book Club Edition

Author: Anju Gattani

Publisher:

Published: 2021-01-27

Total Pages: 344

ISBN-13: 9781953100092

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To uphold family honor and tradition, Sheetal Prasad is forced to forsake the man she loves and marry playboy millionaire Rakesh Dhanraj while the citizens of Raigun, India, watch in envy. On her wedding night, however, Sheetal quickly learns that the stranger she married is as cold as the marble floors of the Dhanraj mansion. Forced to smile at family members and cameras and pretend there's nothing wrong with her marriage, Sheetal begins to discover that the family she married into harbors secrets, lies and deceptions powerful enough to tear apart her world. With no one to rely on and no escape, Sheetal must ally with her husband in an attempt to protect her infant son from the tyranny of his family.sion.