Judge's Rebuke May Spur Push For Twiqbal In Patent Cases

Law360, New York (March 17, 2014, 8:37 PM EDT) -- A judge's recent ruling that patent complaints are subject to the heightened Twombly and Iqbal pleading standards, directly contradicting Federal Circuit precedent, will not only encourage defendants to make the same argument, but may also prompt the appeals court to review the long-held standard, attorneys say.

In a March 10 decision, U.S. District Judge Robert E. Payne said he believed the Federal Circuit was wrong to hold that patent cases need not adhere to the Twombly and Iqbal standard that a complaint must be plausible. Saying...
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