§Why CasetextPricing

Stragent, LLC v. BMW of North America, LLC et al

REPLY to Response to Motion re MOTION to Dismiss for Lack of Jurisdiction in view of disclaimer of all patents in suit

17 Cited authorities

  1. Already, LLC v. Nike, Inc.

    568 U.S. 85 (2013)   Cited 1,373 times   19 Legal Analyses
    Holding that Nike's unilateral covenant not to sue mooted Already's trademark invalidity claim

  2. Chafin v. Chafin

    568 U.S. 165 (2013)   Cited 1,003 times   4 Legal Analyses
    Holding that federal courts cannot issue advisory opinions

  3. City of Erie v. Pap's A. M.

    529 U.S. 277 (2000)   Cited 1,058 times   4 Legal Analyses
    Holding that an ordinance barring full nudity at nude dancing clubs does not violate the First Amendment

  4. County of Los Angeles v. Davis

    440 U.S. 625 (1979)   Cited 1,775 times   2 Legal Analyses
    Holding that voluntary cessation can render an issue moot if “there is no reasonable expectation ... that the alleged violation will recur”

  5. Willy v. Coastal Corp.

    503 U.S. 131 (1992)   Cited 837 times
    Holding federal district courts may impose Rule 11 sanctions even "in a case in which the district court is later determined to be without subject-matter jurisdiction"

  6. United States v. W. T. Grant Co.

    345 U.S. 629 (1953)   Cited 2,223 times   5 Legal Analyses
    Holding that, although defendant had "disclaimed any intention" to revive the challenged conduct, "[s]uch a profession does not suffice to make a case moot although it is one of the factors to be considered in determining the appropriateness of granting an injunction against the now-discontinued acts"

  7. Fresenius USA, Inc. v. Baxter International, Inc.

    721 F.3d 1330 (Fed. Cir. 2013)   Cited 166 times   18 Legal Analyses
    Holding that "when a claim is cancelled, the patentee loses any cause of action based on that claim, and any pending litigation in which the claims are asserted becomes moot"

  8. Foster v. Carson

    347 F.3d 742 (9th Cir. 2003)   Cited 184 times
    Holding that a moot claim must be dismissed for lack of jurisdiction

  9. Vectra Fitness, Inc. v. TNWK Corp.

    162 F.3d 1379 (Fed. Cir. 1998)   Cited 46 times   5 Legal Analyses
    In Vectra Fitness, although the PTO added a terminal disclaimer to the prosecution history, it failed to enter the terminal disclaimer on the cover page or contents page of the prosecution history, and failed to publish the terminal disclaimer in the Offi- cial Gazette as contemplated by PTO regulations.

  10. Samsung v. Rambus

    523 F.3d 1374 (Fed. Cir. 2008)   Cited 30 times   1 Legal Analyses
    Holding that an offer to pay the entire amount of attorneys fees in dispute mooted fees issue and divested district court of jurisdiction to issue further opinions in conjunction with § 285 motion

  11. Section 285 - Attorney fees

    35 U.S.C. § 285   Cited 3,199 times   476 Legal Analyses
    Granting district courts discretion to award reasonable attorney fees to the prevailing party in exceptional cases

  12. Section 253 - Disclaimer

    35 U.S.C. § 253   Cited 179 times   35 Legal Analyses
    Granting patentee authority to disclaim issued or pending claims