Patentees face many challenges in trying to prove literal infringement, particularly when dealing with competitors who make trivial modifications ...

The Central District of California ruled that the heightened pleading standard of Federal Rule of Civil Procedure Rule 9(b) applies to all three prongs of a false patent marking claim, including the ...

February 29, 2024 - Under Federal Rule of Civil Procedure 15(a)(1), a plaintiff can amend its complaint once as a matter of course within 21 days of serving the original complaint, or 21 days after ...

My latest article, The Rise and Fall of Plausibility Pleading?, has just been published in the Vanderbilt Law Review. It builds on some of my earlier work on pleading (here and here), focusing on the ...

The Justice Department recently reported obtaining more than $5.6 billion in settlements and judgments from civil cases involving fraud and false claims against the government in fiscal year 2021.

In Pennsylvania, civil litigants may file preliminary objections after they are served with a complaint or other pleading. Preliminary objections are Pennsylvania’s version of a pre-answer motion to ...