The first section outlines topics in a one-semester, 14-week curriculum (personal jurisdiction; subject matter jurisdiction; supplemental jurisdiction, removal, and venue; modern pleading; joinder of parties
and claims; discovery; summary judgment, trial motions, and post-trial motions; choice of applicable law, and representational class action litigation), followed by a section on alternative topics that may be substituted: procedural due process, right to trial by jury, interlocutory appeal, and res judicata and preclusion doctrine.
Others--including provisions regarding joinder of parties
in litigation, (33) venue, (34) fee shifting, (35) customer stays, (36) pleading, (37) and discovery (38)--could shift the balance of power between patent holder and technology user a bit in ways that might ameliorate the problem of excessive remedies for patenting.
For example, the ICC rules provide procedures for, among other things, appointing arbitrators, initiating arbitration, joinder of parties
and the hearing.
section] 1652 Permissive Joinder of Parties
under Rule 20(a)--Purpose
Therefore, the current Rule on party-joinder must be amended to require mandatory joinder of parties
consistent with our explication of the entire controversy doctrine.
Chapters discuss personal jurisdiction, subject matter jurisdiction, modern pleading, joinder of parties
and claims, discovery, summary judgment, trial and post-trial motions, choice of applicable law, representational class action litigation, procedural due process, right to trial by jury, interlocutory appeal, and res judicata and preclusion doctrine.
at 696 (suggesting that courts develop a doctrine to address pretensive joinder of claims, as they did for pretensive joinder of parties
in the pre-reform era).