Pleading Direct Patent Infringement Without Form 18

Law360, New York (June 16, 2015, 10:22 AM EDT) -- The way plaintiffs plead direct patent infringement may be about to change. Currently, the use of Form 18 suffices to plead a claim of direct patent infringement, despite what many courts and commentators believe is insufficient factual information required by that form. Recognizing that deficiency, the Federal Rules Advisory Committee recently submitted a proposal to the U.S. Supreme Court to abolish Form 18.[1] The Supreme Court adopted that change on April 29, 2015. Absent congressional action, the rule change will go into effect on Dec. 1, 2015.[2] Assuming the end is near for Form 18, what will courts require a plaintiff to plead to survive a motion to dismiss a direct infringement claim in a world without Form 18? This article seeks to answer that question....

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