Stricter Patent Pleading Requirements Take Effect Dec. 1

Law360, New York (November 30, 2015, 3:55 PM EST) -- New federal rules raising the pleading standards for patent cases will take effect Tuesday, ushering patent litigation into a new era that will require plaintiffs do more than simply put the defendant on notice of the claim.

The changes, a rewrite of the Federal Rules of Civil Procedure, were approved by the U.S. Supreme Court in April and eliminate a rule that allowed filers of patent suits to rely on a bare-bones model complaint.

Under the new rules, complaints alleging direct patent infringement will be subject to the pleading standards established by the Supreme Court's landmark Twombly and Iqbal decisions, which...

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