A number of federal district courts have specialized rules to move patent cases quickly. Those efforts must strike a balance between the need for speed and the importance of allowing parties fully and fairly to litigate their claims. That tension shows up in the battle over when such courts should permit parties to amend their infringement contentions in their pleadings. Lawyers on both sides of the docket should be prepared to argue underlying policy considerations when a dispute arises over amending infringement claims.
Federal Rule of Civil Procedure 8(a) requires that pleadings put the adverse party on fair notice of a claim. Only a handful of types of claims require particularized pleadings; Rule 9 identifies such claims, which do not include patent infringement suits.
