The seemingly endless war between certain types of patent owners (often socalled “nonpracticing entities” or NPEs) and certain types of defendants (typically corporations perceived to have deep pockets) has been fought on many fronts over the last decades. Such plaintiffs file sketchy complaints, asserting patents of dubious validity, in courts that are perceived as a bit too friendly to patent owners. Legislation that is thought to tip the scales in favor of one side or the other is often introduced. It is seldom enacted.
In recent years, defendants have made gains in the courts in three important areas. First, in 2015, “Official Form 18″ was removed from the federal rules. It had listed the skimpiest requirements for pleading patent infringement, often relegating defendants to guess what they’d done wrong, and inoculating plaintiffs from motions to dismiss.
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