A proposed change in the Federal Rules of Civil Procedure may require patent infringement complaints to be pled with more specificity.
Patent infringement complaints have not been required to be pled under the heightened standards articulated in Twombly and Iqbal. Plaintiffs have avoided the heightened pleading standards by relying on the sample form, “Form 18” in the appendix to the Rules, which lays out a bare-bones sample complaint for patent infringement.
Now, however, proposed revisions to the Federal Rules of Civil Procedure would abolish Form 18 and Rule 84 that says Form 18 is sufficient to meet the Rules, bringing patent infringement pleading standards in line with those for other types of civil cases.
The draft of the Proposed Amendments to the Rules can be found here. The proposed amendments have been subject of much public commentary, and the period for public comment closed on February 18, 2014.