Orders On New Patent Rules Show Plaintiffs Have Higher Bar

By Ryan Davis (June 2, 2016, 10:31 PM EDT) -- It has been six months since stricter pleading requirements for patent cases took effect, and attorneys say decisions to date on whether infringement allegations comply with the new rules show that judges are requiring plaintiffs to come to a patent dispute with more details than before.

There have been only a handful of decisions so far on motions to dismiss complaints for failing to meet the new pleading requirements, which took effect as amendments to the Federal Rules of Civil Procedure on Dec. 1. Some judges have thrown out complaints for not plausibly alleging infringement, while others have let the cases...

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