Federal Circuit Says Form 18 Standard Should Control In Patent Cases

Federal Circuit Says Form 18 Standard Should Control In Patent Cases

WASHINGTON, D.C. - An Ohio federal judge erred in concluding that a patent plaintiff failed to adequately state a claim of direct infringement, a divided Federal Circuit U.S. Court of Appeals ruled June 7; in the same ruling, the appellate panel endorsed the pleadings standard of Form 18 of the Federal Rules of Civil Procedure over U.S. Supreme Court precedents Bell Atlantic Corp. v. Twombly (550 U.S. 544 $(2007$)) and Ashcroft v. Iqbal (556 U.S. 662 $(2009$)) (R+L Carriers Inc. v. DriverTech LLC et al., Nos. 2010-1493, -1494, -1495, -1496, 2011-1101, -1102, Fed. Cir.).

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