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Expert Analysis

Confusion Over Patent Infringement Pleading And Form 18

Law360, New York (April 2, 2013, 11:11 AM EDT) -- The oft-discussed U.S. Supreme Court decisions in Twombly and Iqbal have raised the bar for pleading in federal courts, from mere "notice pleading," to requiring claimants to state a "plausible" claim for relief.[1] Many district courts have found this elevated pleading standard difficult to reconcile with some of the sample pleading forms in the appendix to the Federal Rules of Civil Procedure, particularly the relatively bare-bones Form 18 sample complaint for patent infringement.[2] The district court in Tyco Fire, for example, observed that "the forms purporting to illustrate what level of pleading is required do not reflect the sea change of Twombly and Iqbal."[3]...

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