Pleading Infringement Under Iqbal And Twombly

Law360, New York (December 16, 2009, 3:44 PM EST) -- The classic bare-bones patent complaint listed one or more patents, asserted that a defendant "infringes, contributorily infringes and induces infringement" through the sale of an undefined set of products, and concluded with a request for damages and an injunction.

This traditional model, based on Form 18 of the Federal Rules of Civil Procedure, provided significant advantages for patent plaintiffs. A plaintiff could state a claim without limiting the scope of infringement or revealing its infringement theories. An undefined set of infringing products resulted in broad and...
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