is an associate attorney in Erise IP’s Denver office. Her current focus is in complex patent litigation, particularly in the field of software and electronics. Michelle primarily practices defensive patent litigation. For more information, or to contact Michelle, please visit her firm profile page.
Last December, the 2015 Amendments to the Federal Rules of Civil Procedure abolished Rule 84 and the Appendix of Forms, removing any doubt that Twombly’s plausibility standard applies to claims for direct patent infringement. The elimination of Rule 84 and Form 18 raised many questions about whether pleading standards for direct infringement would change and, if so, how. Over the past year, many district courts have tried to answer these questions. Below is an overview of the different conclusions reached by district courts, but first, it would be worth reviewing Federal Circuit precedent on the issue.