18 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 174,901 times   246 Legal Analyses
    Holding that a complaint's allegations must "allow[] the court to draw the reasonable inference that the defendant is liable for the misconduct alleged"
  2. Bell Atl. Corp. v Twombly

    550 U.S. 544 (2007)   Cited 192,089 times   329 Legal Analyses
    Holding that a complaint must contain sufficient facts to "state a claim to relief that is plausible on its face"
  3. Erickson v. Pardus

    551 U.S. 89 (2007)   Cited 42,289 times   3 Legal Analyses
    Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"
  4. DSU Medical Corp. v. JMS Co.

    471 F.3d 1293 (Fed. Cir. 2006)   Cited 461 times   25 Legal Analyses
    Holding that the record supported jury verdict of no induced infringement where it showed defendant contacted an Australian attorney and "obtained letters from U.S. patent counsel advising that [its product] did not infringe"
  5. Faulkner v. ADT Sec. Servs., Inc.

    706 F.3d 1017 (9th Cir. 2013)   Cited 213 times   3 Legal Analyses
    Holding that a communication is confidential under § 632 only when a party "has an objectively reasonable expectation that the conversation is not being overheard or recorded"
  6. K-Tech Telecomms., Inc. v. Time Warner Cable, Inc.

    714 F.3d 1277 (Fed. Cir. 2013)   Cited 153 times   7 Legal Analyses
    Holding that complaint survives Rule 12(b) challenge when it gives notice of what patentee accuses of being an infringing act with reasonable inferences that such acts are being done
  7. Nalco Co. v. Chem-Mod, LLC

    883 F.3d 1337 (Fed. Cir. 2018)   Cited 61 times   1 Legal Analyses
    Finding that the plaintiff's allegations were sufficient to plead that the accused products had no substantial non-infringing uses, where the plaintiff pleaded that "[a]s sold and delivered" to the refined coal LLCs or operators of coal-fired power plants using Chem-Mod solution, certain additives at issue (MerSorb and S-Sorb) had no substantial non-infringing uses
  8. Disc Disease Sols. Inc. v. VGH Sols., Inc.

    888 F.3d 1256 (Fed. Cir. 2018)   Cited 53 times   4 Legal Analyses
    Finding claim of direct infringement sufficiently pled to "provide [defendants] fair notice of infringement" where complaint specifically identified accused products that allegedly met "each and every limitation" of at least one claim
  9. Macronix Int'l Co. v. Spansion Inc.

    4 F. Supp. 3d 797 (E.D. Va. 2014)   Cited 22 times   2 Legal Analyses
    Finding that for direct infringement it is insufficient under Twombly/Iqbal to "simply allege[] that each element of a cited claim is infringed and then parrot the claim language for each element"
  10. Telesign Corp. v. Twilio, Inc.

    Case No. CV 16-2106 PSG (SSx) (C.D. Cal. Aug. 3, 2016)   Cited 12 times
    Noting that under Twombly and Iqbal a "plaintiff must still plausibly allege that a defendant's product or products practice all elements of at least one patent claim"
  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 246,855 times   651 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss