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ARTICLE · 09 JUNE 2014

May Recap

In May, we saw examples of how ND Cal judges apply the stricter pleading requirements of "Twombly/Iqbal" both to causes of action and to affirmative defenses.

United StatesIntellectual Property

In May, we saw examples of how ND Cal judges apply the stricter pleading requirements of Twombly/Iqbal both to causes of action (such as claims for alleged breach of the GNU General Public License) and, unlike their sister districts in California, to affirmative defenses. A pair of decisions about patent local rule contentions (analyzed here and here) reminds us to keep an eye on how contentions fit into the overall progression of a case. In the perpetual dance between the district court and the Federal Circuit, one judge applied the Kessler doctrine, recently ruled to be alive and well, to bar further litigation over a product once found not to infringe, while another judge allowed a case to proceed for now despite the appellate court's seemingly conclusive statements about patent exhaustion.

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