Drafting Patent Infringement Complaints: Avoiding the Trap of 'Model' Form 16 of the Federal Rules
Most attorneys follow model Form 16 in the Appendix of Forms to the Federal Rules of Civil Procedure ("FRCP") when drafting patent infringement complaints. However, in unique factual situations, Form 16-style complaints may not be sufficient to survive Rule 12(b)(6) motions to dismiss and/or Rule 12(e) motions for a more definite statement. For instance, some courts have found complaints that fail to aver particular infringing products to lack the requisite specificity, especially when the asserted patent claims could be read to cover hundreds of a defendant's products. Failing to take these exceptions to the Form 16 standard into account can lead to unnecessary delay and work for the plaintiff (or, conversely, strategic opportunities for the defendant). This article discusses these unique situations, and how counsel may properly draft patent infringement complaints in order to survive Rule 12(b)(6) and Rule 12(e) motions.
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Highlights of the latest intellectual property news and cases from around the country.
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Highlights of the latest franchising cases from around the country.
News Briefs
Highlights of the latest franchising news from around the country.
Nigerian Franchising: Making Your Way Through the Thicket
Business franchising, once principally a U.S. phenomenon, has come of age as a global phenomenon. In particular, the explosive growth of international franchising in developing economies has brought tremendous opportunities for both franchisors and franchisees. One country, however, until late, has been conspicuously absent from the list of developing countries that have benefited from franchising ' Nigeria. A massive bureaucracy and a complex web of regulations have ensured that Nigeria remains one of "the last frontiers" for international investment. However, the Nigerian government has become increasingly committed to creating a conducive atmosphere for foreign franchise investment and, with effective counseling, franchisors can effectively negotiate their way through the thicket to the lucrative market within.
Update: American Association of Franchisees & Dealers
Many franchisors, franchisees, and attorneys in the industry talk about the need to avoid conflict and to develop mutually beneficial relationships. However, it's easier said than done in a business relationship between companies that sometimes perceive their interests to be unrelated or even diametrically opposed. The American Association of Franchisees & Dealers has spent nearly 14 years developing an objective, broad-based set of standards that franchisors and franchisees can use as a baseline to assess and, it is hoped, to improve their business relationship. In this Q&A, FBLA talks with AAFD Chairman Robert Purvin about the principles of Total Quality Franchising and how they are being implemented in the industry today.
Illinois Passes Elusive Amendment to Anti-Discrimination Law
In January 2005, Illinois passed basic protections against discrimination on the basis of both sexual orientation and gender identity. In doing so, it became one of only 15 states to enact such legislation (and the first to do so in 2 years), and one of only six states to include in such protection prohibition against discrimination expressly based on gender identity.
Connecticut vs Massachusetts
In a first-of-its-kind case, Hartford (CT) Superior Court Judge Linda Pearce Prestley has told two Connecticut women seeking to annul a civil marriage they filed with the clerk of Provincetown, MA, that both states view their attempt to wed as legally void from the start. In a 10-page decision issued March 18, Prestley determined that Connecticut courts have no jurisdiction to rule in such a case, because the state legislature has so far deemed same-sex marriage as against public policy.
Hispanic/Latino LGBT Families in Florida
Adoption by "homosexuals" is specifically prohibited by statute in Florida, and foster care and/or adoption by lesbians and gays is restricted in some manner in Mississippi, Arkansas, Utah, North Dakota, and Oklahoma. Courts have been asked to decide on the constitutionality of such restrictions in recent years, most prominently when the United States Court of Appeals for the Eleventh Circuit upheld the constitutionality of the Florida statute (Fla. Stat ch. 63.042(3)) in <i>Lofton v. Secretary of Dept. of Children and Family Services</i>, 358 F.3d 804 (11th Cir 2004). In that case, the court refused to take sides in what it considered an ongoing public policy debate. Florida statutes also ban same-sex marriage and prevent the recognition of same-sex marriages performed in other states. Fla. Stat ch. 741.04; Fla. Stat ch. 741.212.
