Pleading Direct Patent Infringement Without Form 18

The way plaintiffs plead direct patent infringement may be about to change.

Currently, the use of Form 18 suffices to plead a claim of direct patent infringement, despite what many courts and commentators believe is insufficient factual information required by that form. Recognizing that deficiency, the Federal Rules Advisory Committee recently submitted a proposal to the U.S. Supreme Court to abolish Form 18. The Supreme Court adopted that change on April 29, 2015. Absent congressional action, the rule change will go into effect on Dec. 1, 2015.

Assuming the end is near for Form 18, what will courts require a plaintiff to plead to survive a motion to dismiss a direct infringement claim in a world without Form 18?

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Rodger D. Smith II, Ethan H. Townsend, “Pleading Direct Patent Infringement Without Form 18,” Law360 (June 16, 2015)