§Why CasetextPricing

Preservation Technologies LLC v. MindGeek USA Inc. et al

REPLY In Support Of NOTICE OF MOTION AND MOTION to Dismiss Case 92

11 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,437 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. R+L Carriers, Inc. v. Drivertech LLC (In re Bill of Lading Transmission & Processing Sys. Patent Litig.)

    681 F.3d 1323 (Fed. Cir. 2012)   Cited 647 times   12 Legal Analyses
    Holding that pleading "the process for" using the accused product in an infringing way "has no other substantial non-infringing use" is not the same as pleading the accused product contains a component that can only infringe, and therefore fails to state a claim for contributory infringement

  3. 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"

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

    714 F.3d 1277 (Fed. Cir. 2013)   Cited 198 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

  5. N. Star Innovations, Inc. v. Micron Tech., Inc.

    Civil Action No. 17-506-LPS-CJB (D. Del. Nov. 16, 2017)   Cited 29 times
    Predating Disc Disease

  6. 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"

  7. Novitaz, Inc. v. InMarket Media, LLC

    Case No. 16-cv-06795-EJD (N.D. Cal. May. 26, 2017)   Cited 16 times
    Granting motion to dismiss where plaintiff "ma[de] no factual allegations regarding [defendant]'s knowledge or intent to infringe"

  8. TeleSign Corp. v. Twilio, Inc.

    Case No. CV 16-2106 PSG (SSx) (C.D. Cal. Aug. 3, 2016)   Cited 16 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"

  9. Footbalance Sys. Inc. v. Zero Gravity Inside, Inc.

    Case No.: 15-CV-1058 JLS (DHB) (S.D. Cal. Feb. 8, 2016)   Cited 13 times
    Finding assertions that defendants' infringing activities included "making, using, selling, and/or offering to sell products" were too broad to even meet the lower pleading standard under Form 18

  10. Midwest Athletics & Sports All. LLC v. Xerox Corp.

    8:17CV478 (D. Neb. Mar. 20, 2018)

    8:17CV478 03-20-2018 MIDWEST ATHLETICS AND SPORTS ALLIANCE LLC, Plaintiff, v. XEROX CORPORATION, Defendant. Robert F. Rossiter, Jr. United States District Judge MEMORANDUM AND ORDER This matter is before the Court on defendant Xerox Corporation's ("Xerox") Motion to Dismiss (Filing No. 31) plaintiff Midwest Athletics and Sports Alliance LLC's ("MASA") Complaint ("Complaint") "for failing to meet the required pleading standard for alleging patent infringement." See Fed. R. Civ. P. 8(a)(2) and 12(b)(6)