A surge of patent infringement lawsuits filed late last November might still be subject to new, potentially tougher pleading standards that took effect Dec. 1—if the defendant in one of the suits gets its way.

Durie Tangri filed a motion last week in San Francisco federal court seeking to dismiss Atlas IP’s Nov. 30 suit against Pacific Gas & Electric over “smart meter” technology, pointing to some wiggle language in the Supreme Court order that ushered in the new standards.

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