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ARTICLE · 09 NOVEMBER 2015

The Storm Before The Calm

Dykema Gossett
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It has been widely reported that patent litigation filings have been way up in 2015, bucking the post-Alice crash in the second half of 2014.

United StatesIntellectual Property
Aaron Charfoos
Aaron Charfoos

It has been widely reported that patent litigation filings have been way up in 2015, bucking the post-Alice crash in the second half of 2014. However, we anticipate that November 2015 will see an even bigger spike in patent litigation filings. Why? 

For many years, the Federal Rules of Civil Procedure and the Federal Circuit have allowed bare bones complaints to be filed in patent infringement cases, but that is about to end. Beginning December 1, patent litigations, like most other litigations, will need to follow the higher pleading standards set out in the Supreme Court's Iqbal and Twombly cases. Under this standard, the complaint must show that the cause of action is "plausible."

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