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Matthew W. Olinzock Kramer Levin Naftalis & Frankel LLP

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Failure to plead patent invalidity counterclaims with particularity could lead to disastrous results *

USA - April 4 2012
In a little noticed but important decision for the patent bar, Judge William Skretny of the Western District of New York dismissed an alleged infringer's general counterclaim for patent invalidity as failing to meet minimal pleading standards because it did not provide a plausible basis as to how or why the patents are invalid.

Co-authors: Richard Moss, Randy Lipsitz, Aaron Frankel.