In dissent to the recent Federal Circuit opinion In re Bill of Lading Transmission & Processing Sys. Patent Litigation, Judge Pauline Newman lamented the passing of the U.S. Supreme Court cases Twombly and Iqbal for patent infringement pleadings:
“The court today establishes a new pleading standard for patent infringement actions, discarding the general national standard for civil complaints. The court’s new standard absolves patent infringement pleadings from the uniform requirements of the Federal Rules of Civil Procedure and Supreme Court precedent, and now holds that the court’s rulings in Bell Atlantic v. Twombly, 550 U.S. 544 (2007), and Ashcroft v. Iqbal, 556 U.S. 662 (2009), do not apply to patent infringement.”
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