What We Know So Far About Direct Infringement Post-Form 18

Law360, New York (May 18, 2017, 1:35 PM EDT) -- It has been almost a year and a half since the U.S. Supreme Court abrogated Rule 84 of the Federal Rules Civil Procedure and its related Appendix of Forms. Through that act, the Supreme Court jettisoned a particularly well-known patent litigation form, Form 18. Form 18 was generally loved by many plaintiffs, and hated by many defendants, because it immunized sparse and conclusory claims of direct patent infringement from dismissal under Rule 12(b)(6), even after the Supreme Court's tightening of pleading standards in Iqbal and Twombly.

Virtually all courts considering the issue agree that a plaintiff pleading a claim of direct...

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