On October 10, Adam Kelly and Sophia Gunzburg published “An associate's guide to avoiding the primrose path: How to successfully draft a complaint for patent infringement” in Westlaw Today. The following is an excerpt:
Drafting and filing a patent infringement complaint are often the first substantive steps in enforcing a client's rights. For junior litigation associates, these steps can feel like a high-stakes exercise: the complaint not only sets the course for the case, but it also charts the path for the legal and factual issues for the court and opposing counsel.
A well-crafted pleading demonstrates credibility, diligence, and strategic foresight. But a poorly drafted one risks dismissal or a weakened position from the outset. This article walks through several core considerations—legal, procedural, and strategic—that associates should keep in mind when embarking on drafting a complaint under U.S. patent law.
Click here to access the article.