Form 18 Complaints Trump Twiqbal: Judge

Law360, New York (September 3, 2010, 4:52 PM EDT) -- Patent infringement complaints made using Form 18 of the Federal Rules of Civil Procedure are sufficient to state a cause of action, even when the allegations are insufficiently pled under the U.S. Supreme Court's Twombly and Iqbal standards, a federal magistrate judge has held in recommending the rejection of First Niagara Financial Group Inc.'s bid to toss Automated Transactions LLC's suit over ATM patents.

While Form 18 cannot be reconciled with the heightened pleading standards articulated by the two high court decisions, the sufficiency of Automated...
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