Law360, New York (May 21, 2010, 11:43 AM EDT) -- The requisite level of specificity for pleading patent infringement following the landmark Supreme Court case Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009) is uncertain. This guest column surveys post-Iqbal decisions addressing the level of specificity required in patent infringement pleadings to provide guidance to practitioners in drafting — or challenging — patent infringement complaints.
The Iqbal Pleading Standard
In the 2007 case of Bell Atlantic Corp. v. Twombly, the U.S. Supreme Court retired one of its “earliest statements about pleading under the Federal Rules,” that...
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