Form 18, I Just Don’t know What I Want: How the Abrogation of Form 18 Has Changed Pleading Standards

Vol. 10 No. 1

Jeffrey T. Castellano is a partner at Shaw Keller LLP in Wilmington, Delaware, specializing in patent litigation.

Nathan R. Hoeschen is an associate at the same firm specializing in patent litigation.

On December 1, 2015, a long-standing safe haven for plaintiffs in patent infringement cases was eliminated as part of a partial overhaul of the Federal Rules of Civil Procedure (FRCP).1 The 2015 amendments eliminated Form 18, an exemplary patent infringement complaint appended to the FRCP and adopted in 1938, which consisted solely of four brief paragraphs of factual allegations and a demand.

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