U.S. Supreme Court,
Intellectual Property
Apr. 29, 2010
The Peculiarities of Pleading in Patent Cases
Examining the effect that two recent Supreme Court decisions about pleading requirements may have on patent cases.
Two recent Supreme Court cases have ratcheted up the level of specificity most federal plaintiffs must include in their complaints to survive a defendant's motion to dismiss the case prior to discovery, but some peculiarities of patent cases may limit the effect of those decisions to them. Federal Rule of Civil Procedure 8 requires the complaint contain "a short and plain statement of the claim showing that the pleader is entitled to relief." Until recently, the Courts of Appeals, follow...
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