Tormasi v. Western Digital Corporation


Question(s) Presented

1. “Does imprisonment (1) forfeit a patent owner’s right not to be deprived of personal property without due process of law and (2) render a person wholly without equal protection of the law?”

2. “Does Lewis v. Casey, stating that the right of access to the courts ‘does not guarantee inmates the wherewithal to transform themselves into litigating engines,’ enable state agencies to affirmatively eliminate an inmate’s access to court on general civil matters?”

3. “The patent statute authorizes patent owners to enforce their constitutionally recognized exclusionary rights in federal court. Did the lower courts create a dangerous slippery slope that (1) establishes a mechanism by which states can, via an administrative rule, nullify federally granted statutory rights and (2) oppresses prisoners by depriving them of property without redress?”

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