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Drafting Patent Infringement Complaints: Avoiding the Trap of 'Model' Form 16 of the Federal Rules
Most attorneys follow model Form 16 in the Appendix of Forms to the Federal Rules of Civil Procedure (“FRCP”) when drafting patent infringement complaints. However, in unique factual situations, Form 16-style complaints may not be sufficient to survive Rule 12(b)(6) motions to dismiss and/or Rule 12(e) motions for a more definite statement. For instance, some courts have found complaints that fail to aver particular infringing products to lack the requisite specificity, especially when the asserted patent claims could be read to cover hundreds of a defendant's products. Failing to take these exceptions to the Form 16 standard into account can lead to unnecessary delay and work for the plaintiff (or, conversely, strategic opportunities for the defendant). This article discusses these unique situations, and how counsel may properly draft patent infringement complaints in order to survive Rule 12(b)(6) and Rule 12(e) motions.
The Scope of Form 16
Adopted in 1937, Form 16 of the Federal Rules of Civil Procedure is an exemplar of the modern notice pleading standard. Form 16's content is straightforward:
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Major Differences In UK, U.S. Copyright Laws
This article highlights how copyright law in the United Kingdom differs from U.S. copyright law, and points out differences that may be crucial to entertainment and media businesses familiar with U.S law that are interested in operating in the United Kingdom or under UK law. The article also briefly addresses contrasts in UK and U.S. trademark law.
The Article 8 Opt In
The Article 8 opt-in election adds an additional layer of complexity to the already labyrinthine rules governing perfection of security interests under the UCC. A lender that is unaware of the nuances created by the opt in (may find its security interest vulnerable to being primed by another party that has taken steps to perfect in a superior manner under the circumstances.
Strategy vs. Tactics: Two Sides of a Difficult Coin
With each successive large-scale cyber attack, it is slowly becoming clear that ransomware attacks are targeting the critical infrastructure of the most powerful country on the planet. Understanding the strategy, and tactics of our opponents, as well as the strategy and the tactics we implement as a response are vital to victory.
Legal Possession: What Does It Mean?
Possession of real property is a matter of physical fact. Having the right or legal entitlement to possession is not "possession," possession is "the fact of having or holding property in one's power." That power means having physical dominion and control over the property.
The Anti-Assignment Override Provisions
UCC Sections 9406(d) and 9408(a) are one of the most powerful, yet least understood, sections of the Uniform Commercial Code. On their face, they appear to override anti-assignment provisions in agreements that would limit the grant of a security interest. But do these sections really work?