§Why CasetextPricing

Preservation Technologies LLC v. MindGeek USA Inc. et al

MEMORANDUM in Opposition to NOTICE OF MOTION AND MOTION to Dismiss Case 92

18 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,689 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 265,662 times   364 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  3. Erickson v. Pardus

    551 U.S. 89 (2007)   Cited 61,355 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 516 times   27 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 351 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. Nalco Co. v. Chem-Mod, LLC

    883 F.3d 1337 (Fed. Cir. 2018)   Cited 189 times   3 Legal Analyses
    Holding when a plaintiff alleges that a product “has no substantial noninfringing uses . . . [the court] must presume these allegations are true at the pleading stage. To the extent Defendants dispute these allegations, this is a factual inquiry not suitable for resolution on a motion to dismiss”

  7. K-Tech Telecomms., Inc. v. Time Warner Cable, Inc.

    714 F.3d 1277 (Fed. Cir. 2013)   Cited 199 times   8 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

  8. Disc Disease Sols. Inc. v. VGH Sols., Inc.

    888 F.3d 1256 (Fed. Cir. 2018)   Cited 162 times   7 Legal Analyses
    Finding that a plaintiff need not plead every element, but must only give the alleged infringer fair notice of infringement

  9. Macronix Int'l Co. v. Spansion Inc.

    4 F. Supp. 3d 797 (E.D. Va. 2014)   Cited 33 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. Crypto Research, LLC v. Assay Abloy, Inc.

    236 F. Supp. 3d 671 (E.D.N.Y. 2017)   Cited 16 times
    Holding that with respect to willful infringement, "[t]he complaint adequately alleges that the defendants committed acts of infringement with full knowledge of the plaintiff's rights in its patents. That is sufficient."

  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 344,767 times   920 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss