11 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. 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 494 times   10 Legal Analyses
    Holding that direct patent infringement claims are measured for specificity by Form 18
  3. 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"
  4. 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
  5. N. Star Innovations, Inc. v. Micron Tech., Inc.

    Civil Action No. 17-506-LPS-CJB (D. Del. Nov. 16, 2017)   Cited 20 times
    Requiring "some factual explanation for what it is about the product that leads Plaintiff to think it has the required elements"
  6. 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"
  7. Novitaz, Inc. v. InMarket Media, LLC

    Case No. 16-cv-06795-EJD (N.D. Cal. May. 26, 2017)   Cited 12 times
    Granting motion to dismiss where plaintiff "ma[de] no factual allegations regarding [defendant]'s knowledge or intent to infringe"
  8. 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
  9. 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"
  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)