The Brief, Vol. 36, Fall 2017 - Summer 2018
Opening an Oral Argument before the Supreme Court: The Decline of Narrative's Role
by Louis J. Sirico, Jr.
In contrast to previous eras, today’s oral advocate can expect Supreme Court justices to start asking questions earlier and often. Consequently, the advocate should expect to launch the argument with only a few sentences before the questions begin . . . .
U.S. Patent Extraterritoriality within the International Context
by Amy L. Landers
Erasing borders is a significant act. There are international, legal, economic, and philosophic implications. The concept of sovereignty, which is widely thought to have originated with the 1648 Treaty of Westphalia, is a cornerstone of the legal order of individual nations . . . .
Buckle Up or Else: Texas Supreme Court Holds Plaintiffs Responsible for Failure to Wear Seat Belts
by William R. Scott, Tasha L. Barnes, & Michael L. Copes
On February 13, 2015, the Supreme Court of Texas issued a ruling in Nabors Well Services, Ltd. v. Romero, which changed the rules in Texas regarding the admissibility of the use or nonuse of a seat belt by a plaintiff injured in a car crash. This ruling provides a new way for defense attorneys to help their clients . . . .
Patent Assertion Entities, Reasonable Royalties, and a Restitution Perspective
by W. Keith Robinson
The changing nature of patent litigation over the last fifty years has forced patent stakeholders to think differently about remedies for patent infringement. A major catalyst for changes in how courts award specific remedies such as injunctions and attorney fees has been the successful assertion of patents by entities that do not practice the patent . . . .
The Federal Circuit Disavows Mandatory Smallest Salable Patent-Practicing Unit "Rule"
by Douglas A. Cawley & Lindsay Leavitt
The Federal Circuit recently clarified that there is no “rule” mandating that all patent damages methodologies for multi-component products be calculated using the smallest salable patent-practicing unit . . . .
Paying the Piper: The Anatomy of a 9th Circuit Music Copyright Infringement Lawsuit
by James Eastman
In 2008, Coldplay released their hit song, “Viva La Vida,” which has since been downloaded over four million times. A year later, Joe Satriani filed a copyright infringement lawsuit (“infringement lawsuit”) alleging that “Viva La Vida” sounded similar to Satriani’s instrumental track “If I Could Fly.” The parties later settled out of court . . . .
Trying Class Actions: The Complex Task of Managing and Resolving Individual Issues in Class Trials
by Michael K. Grimaldi
A class action tried to verdict is an “exceedingly rare beast.” This is because class actions almost always settle if a class is certified. The court’s ruling on plaintiff’s motion for class certification is thus the 'main event' in a class action . . . .
A Modest Proposal to Adopt Traditional Central African Tribunal Music Practices in the State and Federal Courts
by Michael J. Lockman
Litigation music is an integral component of the traditional tribunal practices of Central African tribes, such as the Tutsi, located in present-day Rwanda, Burundi, Democratic Republic of the Congo, Uganda, and Tanzania . . . .