Brief of Amici Curiae Economists and Professors of Law and Economics in Support of Respondents PDF Download
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Category : Union dues
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Pages : 50
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"Petitioner's assertion that fair-share fees are unnecessary, and his assumption that employees seek to avoid paying fair-share fees because of commonly-held 'beliefs that they do not benefit from a union's advocacy' ... are incorrect and unfounded. In fact, 'rational, self-interested individuals' often 'will not act to achive their common or group interests,' even when they agree about these common interests and how to achieve them. This is not only well established in economic theory, it is also confirmed by empirical data--including the results of recent union-certification elections"--Leaves 9-10.
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Author: Colleen V. Chien
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Pages : 24
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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.
