§Why CasetextPricing

Preservation Technologies LLC v. MindGeek USA Inc. et al

Motion to Dismiss hearing set for 11/05/2018 at 8:30 a.m.

43 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,203 times   280 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 268,949 times   367 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. Alice Corp. v. CLS Bank International

    573 U.S. 208 (2014)   Cited 1,376 times   508 Legal Analyses
    Holding ineligible patent claims directed to the concept of "intermediated settlement," i.e., the use of a third party to mitigate the risk that only one party to an agreed-upon financial exchange will satisfy its obligation

  4. Mayo Collaborative Servs. v. Prometheus Labs., Inc.

    566 U.S. 66 (2012)   Cited 776 times   146 Legal Analyses
    Holding that "the basic underlying concern that these patents tie up too much future use of laws of nature" reinforced the holding of ineligibility

  5. Bilski v. Kappos

    561 U.S. 593 (2010)   Cited 807 times   158 Legal Analyses
    Holding claims directed to hedging risk ineligible

  6. Enfish, LLC v. Microsoft Corp.

    822 F.3d 1327 (Fed. Cir. 2016)   Cited 706 times   118 Legal Analyses
    Holding that claims to self-referential tables that allowed for more efficient launching and adaptation of databases were not directed to an abstract idea

  7. Chavez v. United States

    683 F.3d 1102 (9th Cir. 2012)   Cited 760 times   1 Legal Analyses
    Holding that a Bivens action could be sustained against Border Patrol agents

  8. Content Extraction & Transmission LLC v. Wells Fargo Bank

    776 F.3d 1343 (Fed. Cir. 2014)   Cited 600 times   20 Legal Analyses
    Holding claims directed to the "abstract idea of 1

  9. Berkheimer v. HP Inc.

    881 F.3d 1360 (Fed. Cir. 2018)   Cited 510 times   47 Legal Analyses
    Holding material dispute of fact regarding inventiveness created by improved redundancy, efficiency, computer functionality, and costs of operating a network or computer systems network costs that are captured by claim elements precludes summary judgment

  10. BASCOM Global Internet Services, Inc. v. AT&T Mobility LLC

    827 F.3d 1341 (Fed. Cir. 2016)   Cited 462 times   55 Legal Analyses
    Holding claims eligible at step two because the claims recited a "technical improvement over prior art ways of filtering ... content" that "improve the performance of the computer system itself"

  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 348,503 times   930 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 28,541 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."

  13. Section 101 - Inventions patentable

    35 U.S.C. § 101   Cited 3,422 times   2200 Legal Analyses
    Defining patentable subject matter as "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof."

  14. Section 120 - Benefit of earlier filing date in the United States

    35 U.S.C. § 120   Cited 594 times   109 Legal Analyses
    Granting an earlier priority date to later applications for inventions that were disclosed in a previous application

  15. Section 253 - Disclaimer

    35 U.S.C. § 253   Cited 180 times   37 Legal Analyses
    Granting patentee authority to disclaim issued or pending claims

  16. Section 1.78 - Claiming benefit of earlier filing date and cross-references to other applications

    37 C.F.R. § 1.78   Cited 65 times   30 Legal Analyses
    Explaining that an applicant can file a continuation application to adjust claims of the patent