Eleventh Circuit affirmance of fee award demonstrates the long reach of an MDL | Kilpatrick Townsend & Stockton LLP jdsupra.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from jdsupra.com Daily Mail and Mail on Sunday newspapers.
Iqbal and
Twombly to patent cases. As a result, pleading standards now vary from jurisdiction-to-jurisdiction (and even from judge-to-judge within the same jurisdiction).
In a series of blog posts, we are exploring how courts are applying the
Iqbal/
Twombly pleading standards to patent cases five years after Form 18 was abrogated. In Part 1, we examined Federal Circuit opinions, including the seeming inconsistencies among those opinions. In this installment, we look at how pleading standards have been applied in the District of Delaware.
We have reviewed 39 decisions issued in the District of Delaware from 2018 through 2020 addressing the application of
Iqbal and
Twombly to claims of direct infringement in the context of motions to dismiss. Overall, courts in the District of Delaware have denied a large majority such motions. More specifically, out of the 39 decisions we reviewed, the court denied the motions to dismiss in 29 cases (74%), finding the al
Patent Infringement Pleading Standards Remain Unsettled Five Years After the Abrogation of Form 18 – Part 2: Pleading Standards in Delaware | Sheppard Mullin Richter & Hampton LLP jdsupra.com - get the latest breaking news, showbiz & celebrity photos, sport news & rumours, viral videos and top stories from jdsupra.com Daily Mail and Mail on Sunday newspapers.