Ethics, Civil Procedure, and the Rules Enabling Act

I teach civ pro, and ethics, and patent law, so I'm in heaven with this letter from the Judicial Conference to Congress stating its concern that the provisions of the Goodlatte bill requiring the judiciary to amend the FRCP to address patent actions violates the Rules Enabling Act.

On first read, I think the Judicial Conference's concerns are quite valid.  I also don't personally like the "one size fits all" assumption underlying a lot of "patent reform" directed toward "trolls."  A case-by-case approach — under a properly interpreted Section 285 (see my post below) — ought to do the trick.

About David

Professor of Law, Mercer University School of Law. Formerly Of Counsel, Taylor English Duma, LLP and in 2012-13, judicial clerk to Chief Judge Rader.

2 thoughts on “Ethics, Civil Procedure, and the Rules Enabling Act

  1. 2

    Ned, that is in part what the Rules Enabling Act fight is about. I suppose that there are Constitutional issues, too (many of which I probably couldn’t spot if it hit me in the face), and other statutory issues, too.

    If Congress oversteps, the immediate problem will be that challenges to the statute will drag on for years…

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