“ In patent litigation, what you allege can and will be used against you. . . .”   I. INTRODUCTION   In patent litigation, the line between sufficient pleading and pleading yourself out of court can be razor thin. David’s Dozer V-Loc System Inc. and inventor David Armas (collectively, “plaintiffs”) learned this lesson the hard way when their detailed allegations—accepted as true—demonstrated that John Deere’s (“Deere”) products could not infringe their patent. On October 9,

“. . . The fraud case is prerequisite to the patent case . . . .”   I. INTRODUCTION   In mid-June 2025, attorneys for plaintiffs Janssen Products and PharmaMar were reviewing their opponent’s document production in a routine Hatch-Waxman patent case when they stumbled across something that shouldn't exist: their own clients' highly confidential regulatory filings . Not summaries. Not publicly available information. But instead, substantive portions of the proprietary specific

“The math is stark: infringement victory + validity win + $10 million jury award = $1, if you cannot apportion value to the patented...