The Federal Circuit’s opinion in Disc Disease Solutions Inc. v. VGH Solutions, Inc. et. al., handed down on May 1, 2018, may very well change the specificity that patent owners and patent attorneys provide in filing a lawsuit to enforce their intellectual property rights.

It suggests that, at least for simple technology, there is not much difference, if any, between the old Form 18 requirements and the Iqbal/Twombly standard.

This case was an appeal of a dismissal with prejudice of the plaintiff’s case for patent infringement.

The Federal Circuit determined that by specifically identifying the accused products (and attaching pictures of the products) and alleging that the accused products meet each and every element of at least one claim, the patent owner had provided fair notice of the asserted infringement.

Author Photo

Ted Polasek

Ted was a founding partner of Polasek, Quisenberry & Errington, L.L.P. (PQE), a firm that represented patent owners and companies accused of patent infringement. For nearly 25 years, Ted’s core practice has been litigating patent infringement cases, for hourly and clients on a contingent fee or other result-oriented basis. Ted attended the South Texas College of Law and received his Juris Doctorate in 1990 and received a B.S. in Chemical Engineering from the University of Texas.

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