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Tun-Jen Chiang
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I think the approach does make sense, but a few complications: 1. I take it that it won't work if there is non-discontinued product that may be subject to an injunction. 2. Requiring patentees to identify all infringing products in the complaint, without the benefit of discovery, is basically applying a Twombly-style requirement of specificity. This (a) has the problem that it runs against the grain of Form 18, which seems to allow the accused product to be described very generally, and (b) will elicit howls of protest from the people who have been complaining about Twombly (which I think is pretty much the entire plaintiff's bar plus most civil procedure professors).
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Nov 30, 2010