3 Best Practices For Patent Claims Against Secret Methods

Law360 (August 12, 2019, 12:56 PM EDT) -- Rule 11 of the Federal Rules of Civil Procedure imposes a duty to conduct a reasonable inquiry prior to filing a complaint in a federal district court in order to ensure that the allegations are properly supported in fact and law.[1] Failure to comply with Rule 11 can lead to the imposition of severe sanctions, including attorney fees for the cost of defending the action.[2] In the context of patent infringement, satisfaction of Rule 11 requires interpreting the asserted patent claims and comparing those claims to the accused product.[3]   

In practice, Rule 11 can present a seemingly insurmountable hurdle for patentees...

Stay ahead of the curve

In the legal profession, information is the key to success. You have to know what’s happening with clients, competitors, practice areas, and industries. Law360 provides the intelligence you need to remain an expert and beat the competition.


  • Access to case data within articles (numbers, filings, courts, nature of suit, and more.)
  • Access to attached documents such as briefs, petitions, complaints, decisions, motions, etc.
  • Create custom alerts for specific article and case topics and so much more!

TRY LAW360 FREE FOR SEVEN DAYS