Jonathan DeFosse

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Jonathan DeFosse is a partner in the Intellectual Property Practice Group in the firm’s Washington, D.C. office.

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Patent Infringement Pleading Standards Remain Unsettled Five Years After the Abrogation of Form 18 – Part 2: Pleading Standards in Delaware

December 1, 2020 marked the five-year anniversary of the Supreme Court’s abrogation of Form 18—the model complaint that provided the minimum requirements for stating a claim of direct infringement.  Following the abrogation of Form 18, patent infringement claims must satisfy the plausibility standard articulated in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) and … Continue Reading

Patent Infringement Pleading Standards Remain Unsettled Five Years After the Abrogation of Form 18 – Part 1: Inconsistent Federal Circuit Guidance

December 1, 2020 will mark the five-year anniversary of the Supreme Court’s abrogation of Form 18—the model complaint that provided the minimum requirements for stating a claim of direct infringement.  Following the abrogation of Form 18, patent infringement claims must satisfy the plausibility standard articulated in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007) … Continue Reading

Intellectual Property Outlook: Cases and Trends to Follow in 2020 — PART 4

PART 4:  INTELLECTUAL PROPERTY LEGISLATION TO WATCH IN 2020 In this four-part series, we take a look forward at the cases, legislation, and other trends that are likely to have a significant impact on intellectual property law and practice in 2020.  In the first three parts of the series, we looked at the IP issues … Continue Reading

Federal Circuit Makes It More Difficult for Accused Infringers to File Declaratory Judgment Actions

In its March 13, 2020 decision in Communications Test Design, Inc. v. Contec, LLC, the Federal Circuit highlighted the obstacles that an accused infringer faces in filing a declaratory judgment action.  In particular, the Federal Circuit held that district courts may refuse to hear declaratory judgment actions filed while licensing negotiations are ongoing.  The court … Continue Reading

Intellectual Property Outlook: Cases and Trends to Follow in 2020 — PART 2

PART 2: EFFORTS TO CLARIFY PATENT ELIGIBILITY UNDER § 101 In this four-part series, we take a look forward at the cases, legislation, and other trends that are likely to have a significant impact on intellectual property law and practice in 2020. The first part of the series – looking at IP issues currently pending … Continue Reading

Intellectual Property Outlook: Cases and Trends to Follow in 2020 – PART1

PART 1: IP ISSUES CURRENTLY PENDING BEFORE THE SUPREME COURT In the first part of our series, we briefly summarize the intellectual property issues that the Supreme Court has already agreed to address in 2020. In particular, we provide a brief overview and key takeaways for the Supreme Court’s consideration of: Whether adding “.com” to … Continue Reading
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