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Sharon M. Porcellio

Last quarter, U.S. District Court Chief Judge Frank P. Geraci decided a patent infringement case in which he addressed the relationship between patent law and the applicable pleading standard under the Federal Rules of Civil Procedure. More specifically, in finding that the defendant had not infringed on the plaintiff’s patent, the court considered an issue of first impression: whether the pleading standard articulated in Twombly and Iqbal is the proper measure for pleading a claim of direct patent infringement. See generally Bell Atlantic v. Twombly, 550 U.S. 544 (2007); Ashcroft v. Iqbal, 556 U.S. 662 (2009).

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