Coming Changes To The FRCP Can Affect IP Litigation

IP litigation is among the most significant, and costly, litigation a company can face, regardless whether on the plaintiff or defense side. Of import to those “engaged in the game” is that significant changes to the rules by which the game is usually played—otherwise known as the Federal Rules of Civil Procedure—are coming later this year. Recently, the Supreme Court approved and sent to Congress a package of important amendments to 11 of the Rules. Unless Congress intercedes (unlikely), the amended Rules take effect on December 1, 2015.

There is insufficient space here to review all the changes and their potential implications to the procedural conduct of litigation. Here is a summary of two amendments of particular interest to IP litigation.