In a patent infringement action, the U.S. District Court for the Western District of New York considered the conflicting pleading standards set forth in the forms annexed to Rule 84 of the Federal Rules of Civil Procedure and the Supreme Court’s holdings in Twombly and Iqbal. Additionally, the Court continued to be the center of the constitutional challenge of the Prevent All Cigarette Trafficking Act of 2009 by members of the Seneca Nation.
Conflicting Standards
Joining federal district courts in Texas and Delaware, Magistrate Judge Jeremiah J. McCarthy held that patent infringement complaints made using Form 18 of the Federal Rules of Civil Procedure are sufficient to state a cause of action, even when the allegations are insufficiently pled under the U.S. Supreme Court’s Twombly and Iqbal standards, in a recommendation in Automated Transactions, LLC v. First Niagara Financial Group Inc., No. 10-CV-00407-RJA-JJM, Dkt. No. 66 (WDNY Aug. 31, 2010).
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