The District Court Split On Pleading Indirect Infringement

By Joseph Saltiel ( May 10, 2018, 3:52 PM EDT) -- The Federal Circuit was created to bring uniformity to patent litigation and has done so, for better or for worse, on a number of patent-related issues. One issue, however, has been left unresolved for years: the standard for pleading indirect infringement. While pleading standards do not garner the excitement of other issues such as patentability or damages, it is a matter district courts are constantly forced to address. And without guidance from the Federal Circuit, district courts have diverged over the years as to what the proper indirect pleading standards should be, resulting in a lack of uniformity between courts. It is inherently unjust for judges to apply the laws inconsistently. Hence, the Federal Circuit (or Congress) should resolve this district court split....

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