Open Access. Powered by Scholars. Published by Universities.®

Law Commons

Open Access. Powered by Scholars. Published by Universities.®

Courts

PDF

2010

Intellectual Property Law

Richard Kamprath

Articles 1 - 1 of 1

Full-Text Articles in Law

Patent Pleading After Iqbal: Using Infringement Contentions As A Guide, Richard Alan Kamprath Jan 2010

Patent Pleading After Iqbal: Using Infringement Contentions As A Guide, Richard Alan Kamprath

Richard Kamprath

“Patent Pleading After Iqbal: Using Infringement Contentions As A Guide” This article proposes how the new standard for pleading patent infringement related claims should be interpreted in light of the Supreme Court’s decisions in Twombly and Iqbal. The facial plausibility of a pleading requires more than bare allegations and must be supported with enough facts in order for the court to infer wrongdoing by the accused infringer. This article is dedicated to applying this theory of pleading to the practical world of the courtroom. Federal Rule 8 is discussed as the starting point to understanding pleading in the federal ...