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Fed. Cir. Short on Promised Patent Pleading Clarity, Lawyers Say

July 14, 2021, 8:28 PM

A recent Federal Circuit decision involving Sony Corp. of America declares it “clarified the appropriate standard” for pleading patent infringement claims, but attorneys and law professors say it does anything but.

“Once more, we address the stringency of pleading requirements in cases alleging patent infringement. Once more, we explain that patentees need not prove their case at the pleading stage,” Judge Kathleen M. O’Malley of the U.S. Court of Appeals for the Federal Circuit wrote in a precedential opinion.

But for all her exasperation, O’Malley’s opinion may not have been as clear as she hoped in rejecting the “blanket ...