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Course Details

Course Information
  • smart_display Format

    On-Demand

  • signal_cellular_alt Difficulty Level

  • work Practice Area

    Patent

Date & Time
  • event Date

    Tuesday, October 12, 2021

  • schedule Time

    1:00 p.m. ET./10:00 a.m. PT

  • timer Program Length

    90 minutes

Credit Information

  • This 90-minute webinar is eligible in most states for 1.5 CLE credits.

$347.00
CLE
ALL

This CLE course will guide patent counsel on the pleading requirements in patent infringement cases. The panel will discuss what is the right amount when pleading patent infringement cases. The panel will discuss how the courts have addressed the issue and offer best practices for meeting the pleading requirements.

Faculty

Christopher M. Bruno
Partner
McDermott Will & Emery, LLP

Mr. Bruno focuses his practice on intellectual property litigation matters, primarily involving trade secrets, patents, and related contract disputes. He also has a broad base of experience, in and outside of IP, that allows him to effectively and efficiently manage litigation in other subject matters and to counsel clients on all types of IP risk. He has extensive litigation experience, including a very active critical motions and appellate practice. He has personally argued in three courts of appeal and has drafted critical motions and briefs in numerous subject areas, including employment, environmental, defamation, copyright, tax, and complex commercial litigation law.

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Joseph A. Saltiel
Attorney
Irwin IP

Mr. Saltiel is an IP litigator with a long track record of successfully representing clients in court. He has litigated over a hundred IP and related matters in courts across the country, the USPTO, and the ITC. Mr. Saltiel also regularly counsels clients on IP issues such as licensing, technology agreements, opinions, due diligence, and related IP matters. His background is in the electrical and computer arts, but has handled matters involving a variety of technologies and is skilled at quickly mastering new technologies. Mr. Saltiel is a registered patent attorney and a frequent author and lecturer on patent law issues. 

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Description

Since the Judicial Conference of the United States and the Supreme Court eliminated Form 18 in December 2015, it is not enough to plead that a defendant makes, uses, or sells products that practice a patented invention to meet the pleading standards. The federal district courts now assess patent infringement complaints about their sufficiency under the plausibility standard articulated in Bell Atlantic Corp. v. Twombly (U.S. 2007) and Ashcroft v. Iqbal (U.S. 2009).

However, the courts are applying the standards differently. Consequently, pleading standards now vary, even among judges in the same district. The Federal Circuit recently addressed pleading requirements and provided some guidance in its decision in the Bot M8 v. Sony case (July 2021). Patent litigators should know how courts in which their cases are filed have applied the standard and draft their complaints accordingly.

In Bot M8, the court reiterated that "[t]hreadbare recitals of the elements of a cause of action, supported by mere conclusory statements, do not suffice." The court stated that a plaintiff need not "prove its case at the pleadings stage," nor must it plead infringement on an element-by-element basis. The court held it is sufficient if "a complaint place the alleged infringer on notice of what activity ... is being accused of infringement." The court also provided several factors that would impact the level of detail required for a complaint.

Listen as our authoritative panel of IP attorneys examines the pleading requirements in patent infringement cases and what is the right amount when pleading patent infringement cases. The panel will discuss how the courts have addressed the issue and best practices for meeting the pleading requirements.

Outline

  1. Pleading requirements for patent infringement claims
  2. Court treatment
  3. Federal Circuit factors
  4. Best practices for meeting the pleading requirements

Benefits

The panel will review these and other important questions:

  • How have the courts treated the issue of pleading requirements since the abrogation of Form 18?
  • What factors articulated by the Federal Circuit need to be considered when drafting a patent infringement complaint?
  • What strategies should litigators apply to meet the pleading requirements?