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The Uncertainty of Patent Pleadings After Iqbal

The Supreme Court's recent Twombly and Iqbal decisions have placed in question the validity of Form 18 by reinterpreting the mandated minimal pleading standards required by Fed. R. Civ. P. 8. An additional question has arisen as to whether the protection afforded by Form 18 is equally applicable to claims of indirect infringement or infringement under the doctrine of equivalents.

25 minute read February 24, 2010 at 02:53 PM
By
Jose Villarreal and Aden Allen
The Uncertainty of Patent Pleadings After Iqbal

Patent infringement pleadings often include minimal facts in support of the infringement allegations contained therein.

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