In addition, the U.S. Supreme Court has quietly adopted a rule that will increase pleading standards for filing patent lawsuits. In an order in late April, the high court without comment adopted changes to the Federal Rules of Civil Procedure that were approved in September by the Judicial Conference of the U.S. and will take effect Dec. 1. unless they are modified by Congress, which is considering bills that would raise patent pleading standards even beyond what the new rule requires.
The rule changes cover several areas, but one is of particular concern in patent litigation: the abolition of Rule 84, which provides model forms that attorneys can rely on in several situations, including Form 18, a model patent complaint.
On Form 18, a plaintiff is required to include include little more in a patent complaint than the name and number of the patent and an allegation of infringement. The Judicial Conference said that such model complaints are outdated.