Author: Yoonhee Kim
Although the Supreme Court in Bell Atlantic Corp. v. Twombly and Ashcroft v. Iqbal together raised the pleading standard in all civil cases, the current pleading practice in patent infringement cases does not adhere to Twombly. Instead, the Federal Circuit has endorsed over Twombly the legitimacy of Form 18, which provides a sample complaint for patent infringement.
This paper reconciles Twombly and patent pleadings beyond the text of Form 18. One way to strike balance is to require a patent plaintiff to articulate some level of plausibility of infringement by attaching a claim chart construed under the “broadest possible construction.”