Effective Dec. 1, 2015, Congress abrogated Federal Rule of Civil Procedure 84, and the litigation forms it invoked, throwing open the question of what must be alleged to adequately plead a claim for direct patent infringement.
Much had been written in anticipation of the rule change and its expected impact. As we approach the one-year anniversary of the abrogation of Rule 84, a clear-cut rule is nowhere in sight, but guidance is emerging from the district courts.