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Aerotel, Ltd. et al v. AT&T, Inc. et al

MEMORANDUM OF LAW in Support re: 26 MOTION to Dismiss for Lack of Jurisdiction and/or pursuant to Rule 12

43 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 270,937 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' "

  2. Papasan v. Allain

    478 U.S. 265 (1986)   Cited 16,918 times   6 Legal Analyses
    Holding that Ex parte Young would not support a suit against a state for ongoing liability for an alleged past breach of trust, since "continuing payment of the income from the lost corpus is essentially equivalent in economic terms to a one-time restoration of the lost corpus itself"

  3. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 58,782 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

  4. Iqbal v. Hasty

    490 F.3d 143 (2d Cir. 2007)   Cited 1,828 times   1 Legal Analyses
    Holding that Twombly's plausibility standard "obliges a pleader to amplify a claim with some factual allegations in those contexts where such amplification is needed to render the claim plausible"

  5. Jazini ex rel. Jazini v. Nissan Motor Co.

    148 F.3d 181 (2d Cir. 1998)   Cited 704 times   2 Legal Analyses
    Holding that "conclusory non-fact-specific jurisdictional allegations" and "legal conclusion couched as a factual allegation" do not meet the burden of a prima facie showing of jurisdiction

  6. Wiwa v. Royal Dutch Petroleum Co.

    226 F.3d 88 (2d Cir. 2000)   Cited 514 times   4 Legal Analyses
    Holding "the policy expressed in the TVPA favoring adjudication of claims of violations of international prohibitions on torture" weighed against dismissing the action on forum non conveniens grounds

  7. Bensusan Restaurant Corporation v. King

    126 F.3d 25 (2d Cir. 1997)   Cited 514 times
    Holding that, even if the plaintiff suffered injury in New York, "that does not establish a tortious act in the state of New York within the meaning of § 302"

  8. PDK Labs, Inc. v. Friedlander

    103 F.3d 1105 (2d Cir. 1997)   Cited 483 times   1 Legal Analyses
    Holding "that Friedlander lacks standing to sue PDK under § 43 of the Lanham Act" because "Friedlander's dogged insistence that PDK's products are sold without proper FDA approval suggests . . . that Friedlander's true goal is to privately enforce alleged violations of the FDCA."

  9. Hoffritz for Cutlery, Inc. v. Amajac, Ltd.

    763 F.2d 55 (2d Cir. 1985)   Cited 565 times   1 Legal Analyses
    Holding that fifty-four visits over ten years was insufficient for personal jurisdiction under section 301

  10. McGowan v. Smith

    52 N.Y.2d 268 (N.Y. 1981)   Cited 603 times   2 Legal Analyses
    Holding that defendant exporter's visits to New York to conduct general marketing research did not "bear a substantial relationship" to products liability action arising from purchase of defendant's product in New York because "[w]hile these visits certainly may be characterized as `purposeful' . . . the occurrence of these visits serves merely to establish [the defendant exporter's] transitory physical presence within the State."

  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 351,086 times   937 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 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

    Fed. R. Civ. P. 11   Cited 36,298 times   145 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney

  13. Section 271 - Infringement of patent

    35 U.S.C. § 271   Cited 6,080 times   1063 Legal Analyses
    Holding that testing is a "use"

  14. Section 302 - Personal jurisdiction by acts of non-domiciliaries

    N.Y. CPLR 302   Cited 4,253 times   5 Legal Analyses
    Holding that service may be made "to a person of suitable age and discretion at the actual place of business, dwelling place or usual place of abode of the person to be served and by ... mailing the summons to the person to be served at his or her last known residence"

  15. Section 301 - Jurisdiction over persons, property or status

    N.Y. CPLR 301   Cited 1,570 times
    Codifying caselaw that incorporates "doing business" standard

  16. Section 281 - Remedy for infringement of patent

    35 U.S.C. § 281   Cited 648 times   23 Legal Analyses
    Providing that " patentee shall have remedy by civil action for infringement of his patent"

  17. Section 100 - Definitions

    35 U.S.C. § 100   Cited 614 times   98 Legal Analyses
    Defining a " ‘joint research agreement’ " as a written agreement between "2 or more persons or entities"