The Many Exceptions To 'Notice' Pleading In Patent Cases

Law360, New York (February 20, 2014, 2:25 PM EST) -- ​Attorneys drafting, or attacking, pleadings regarding patent infringement will fare poorly if guided only by Form 18 (“Complaint for Patent Infringement”), appended to the Federal Rules of Civil Procedure. This article summarizes the many detailed pleading requirements in patent cases.

Direct Infringement

The Federal Circuit recently affirmed that the bare-bones allegations outlined in Form 18 are sufficient — but only for pleading direct infringement of a patent.[1] Pleading direct infringement is thus simple: “a plaintiff need not even identify which claims it asserts are being infringed”[2]...
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