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Category Archives: Patent Pleadings

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Jury Notes and Special Verdicts in Patent Cases: A Case Study in Jury Comprehension

Posted in Jury Instructions, Patent Litigation, Patent Pleadings

It is commonplace to bemoan the lack of juror comprehension in patent cases and to describe jury deliberations as a “black box” resisting analysis. The Federal Circuit favors the use of special jury verdicts to alleviate such criticisms. Special verdicts can focus jury attention on the facts that may or may not support key patent findings… Continue Reading

Twin Challenges in Drafting a Viable Patent Legal Malpractice Complaint

Posted in Federal Jurisdiction, Legal Malpractice, Patent Litigation, Patent Pleadings

Drafting a short and plain statement of a patent legal malpractice claim used to be a relatively straightforward matter under the now discredited Conley v. Gibson “no set of facts” standard. That pleading landscape dramatically changed in 2007. In the wake of the Supreme Court’s Twombly and Iqbal decisions, federal court judges are now routinely called… Continue Reading