Linking Patent Reform and Civil Litigation Reform
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Linking Patent Reform and Civil Litigation Reform
Chicago-Kent College of LawScholarly Commons @ I IT Chicago-Kent College of LawAll Faculty ScholarshipFaculty Scholarship42005Linking Patent Reform an Linking Patent Reform and Civil Litigation Reformnd Civil Litigation ReformGregory ReillyIIT Chicago-Kent College of Law. greilly! (akentlaw.iit.eduFollow this and additional works at: https://scholarshlp.kentlaw.ilt edu/fac_schol Ò* Part of the Law CommonsRecommended CitationGregory Reilly, Linking Patent Reform and Civil Litigation Reform. 47 Lo Linking Patent Reform and Civil Litigation Reformy. u. Chi. L. J. 179 (2015).Available at: https://scholarship.kentlaw.iit.edu/fac_schol/875This Article is brought to you for free and open access byLinking Patent Reform and Civil Litigation Reform
the Faculty Scholarship at Scholarly Commons (ỹ IIT Chicago-Kent College of Law. It has been accepted for inclusion in All Faculty Scholarship by an aChicago-Kent College of LawScholarly Commons @ I IT Chicago-Kent College of LawAll Faculty ScholarshipFaculty Scholarship42005Linking Patent Reform an Linking Patent Reform and Civil Litigation Reformentlaw lit edu.Linking Patent Reform and Civil Litigation ReformGreg Reilly*Patent reform increasingly focuses on discovery. Discovery is perceived as disproportionately expensive and burdensome in patent cases. Excessive discovery is said to fuel so-called "patent trolls " and impose an unhealthy t Linking Patent Reform and Civil Litigation Reformax on innovation and competition. These supposedly exceptional problems have led to exceptional patent-only reform proposals, such as delaying most diLinking Patent Reform and Civil Litigation Reform
scovery for over a year and reversing the seventy-five-year-old allocation of discovery costs.Treating patent litigation as exceptional has a siloing Chicago-Kent College of LawScholarly Commons @ I IT Chicago-Kent College of LawAll Faculty ScholarshipFaculty Scholarship42005Linking Patent Reform an Linking Patent Reform and Civil Litigation Reformnsive and burdensome discovery and propose their own set of reforms. This Article links patent reform to civil litigation reform, arguing that patent discovery is not exceptional in its costs, supposed effects, or causes. Instead, patent discovery is representative of a subset of discovery-intensive Linking Patent Reform and Civil Litigation Reform civil cases. The main problem With discovery in parent cases is not abusive tactics of “patent trolls " or inherent technical complexity but rather cLinking Patent Reform and Civil Litigation Reform
omplex and open-ended remedial doctrines. Doctrinal complexity is not unique to patent litigation.Pinpointing rhe source of patent discovery problems Chicago-Kent College of LawScholarly Commons @ I IT Chicago-Kent College of LawAll Faculty ScholarshipFaculty Scholarship42005Linking Patent Reform an Linking Patent Reform and Civil Litigation Reform patent cases. Greater use of staged litigation—litigating and resolving some potentially case-dispositive issues before any discovery or other litigation occurs on more discovery-intensive issues—is a potentially• Assistant Professor of Law. California Western School of Law. Thanks to Jonas Anderso Linking Patent Reform and Civil Litigation Reformn. Tom Barton. Jeremy Bock. Michael Burstein. Dennis Crouch. Roger Ford. Shublra Ghosh. Paul Gughuzza. Mark Janis. Nancy Kim. Ken Klein. Dan Kleiman.Linking Patent Reform and Civil Litigation Reform
Megan LaBelle. Mark Lemley. Orly Lobel. Michael Meurer, Lisa Ouellette. Lain a Pedraza-Farina. Dave Schwartz. Ted Sichelman, David Taylor, and Greg VeChicago-Kent College of LawScholarly Commons @ I IT Chicago-Kent College of LawAll Faculty ScholarshipFaculty Scholarship42005Linking Patent Reform an Linking Patent Reform and Civil Litigation ReformInnovation and Policy seminar at University of San Diego School of Law. and University of San Diego School of Law IP Speakers Series, for helpful discussions and comments on this and earlier versions of the project.179180Loyola University Chicago Law Journal [Vol. 47valuable tool for reforming gener Linking Patent Reform and Civil Litigation Reformal civil litigation. Notably, staged litigation preserves the plaintiff's access to information and right to a jury trial, overcoming objections to otLinking Patent Reform and Civil Litigation Reform
her efforts to reduce civil litigation costs, like Twombly/Iqbal plausibility pleading.Introduction...................................................Chicago-Kent College of LawScholarly Commons @ I IT Chicago-Kent College of LawAll Faculty ScholarshipFaculty Scholarship42005Linking Patent Reform an Linking Patent Reform and Civil Litigation Reformm................................190c. The Divide Between Patent and Civil Litigation Reform...192II.COMPARING the Problems of Patent and Civil Discovery.......196A.The Costs of Patent and Civil Discover)'...............196B.The Consequences of Patent and Civil Discovery.........199III.Comparing the Linking Patent Reform and Civil Litigation Reform Causes of Patent and Civil DiscoveryProblems...................................................203A.Patent Assertion Entities and Discovery Problems.Linking Patent Reform and Civil Litigation Reform
......2041.Empirically, Discovery Costs are Lower in PatentAssertion Entity Litigation.........................2052.Theoretically, Discovery Costs ShoChicago-Kent College of LawScholarly Commons @ I IT Chicago-Kent College of LawAll Faculty ScholarshipFaculty Scholarship42005Linking Patent Reform anChicago-Kent College of LawScholarly Commons @ I IT Chicago-Kent College of LawAll Faculty ScholarshipFaculty Scholarship42005Linking Patent Reform anGọi ngay
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