Monday, February 6, 2017

FRCP Form 18 is dead

The Judicial Conference of the United States eliminated Form 18, which was originally written in 1938, used for patent infringement, because not enough facts were needed to create a complaint and led to abuse. The high cost of the discovery process made many defendants settle even frivolous patent suits before discovery. Now, parties that sue for patent infringement are held to a higher standard (plaintiffs have to allege more facts and cannot list multiple defendants). Hopefully, this will decrease the number of frivolous patent infringement cases.