16 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 280,791 times 369 Legal Analyses
Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
Erickson v. Pardus
551 U.S. 89 (2007) Cited 65,504 times 3 Legal Analyses
Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"
Giarratano v. Johnson
521 F.3d 298 (4th Cir. 2008) Cited 3,021 times
Holding a court need not accept as true a complaint's legal conclusions, "unwarranted inferences, unreasonable conclusions, or arguments."
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 680 times 13 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
United States ex rel. Oberg v. Pa. Higher Educ. Assistance Agency
745 F.3d 131 (4th Cir. 2014) Cited 512 times 1 Legal Analyses
Finding that the autonomy factor “cut both ways,” even though the entity had the “power to enter into contracts, sue and be sued, and purchase and sell property in its own name”
T.G. Slater Son v. Donald P
385 F.3d 836 (4th Cir. 2004) Cited 195 times
Holding that a plaintiff had properly stated a common law civil conspiracy claim by alleging that the parties to the conspiracy intentionally acted together to sell a property without paying the plaintiff a commission for work performed, resulting in monetary damage to the plaintiff
Centillion Data Syst. v. Qwest Comm
631 F.3d 1279 (Fed. Cir. 2011) Cited 123 times 12 Legal Analyses
Holding that software manufacturer did not infringe patent comprising "personal computer data processing means" because "[t]he customer, not Qwest, complete[d] the system by providing the 'personal data processing means' and installing the client software"
Mentor H/S, Inc. v. Medical Device Alliance, Inc.
244 F.3d 1365 (Fed. Cir. 2001) Cited 127 times 3 Legal Analyses
Holding district court did not err by declining to construe the terms "irrigating" and "frictional heat" and "relying on the ordinary meanings of these terms"
C.R. Bard, Inc v. Advanced Cardiovascular Sys
911 F.2d 670 (Fed. Cir. 1990) Cited 156 times 1 Legal Analyses
Holding that a person induces infringement by actively and knowingly aiding and abetting another's direct infringement
Nielsen Co. v. Comscore, Inc.
819 F. Supp. 2d 589 (E.D. Va. 2011) Cited 8 times
Finding a pleading of contributory infringement barely sufficient because Plaintiff "allege[d] that defendant 'has had actual knowledge and constructive notice of the [patent at issue] at all relevant times,' and provide[d] a concreteexample of an occasion on which defendant would have received such notice."
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 362,607 times 962 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 164,455 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 271 - Infringement of patent
35 U.S.C. § 271 Cited 6,194 times 1086 Legal Analyses
Holding that testing is a "use"
Rule 84 - Abrogated (Apr. 29, 2015, eff. Dec. 1, 2015).
Fed. R. Civ. P. 84 Cited 1,037 times 7 Legal Analyses
Explaining that the appended forms "are sufficient under the rules and are intended to indicate the simplicity and brevity of statement which the rules contemplate"

Artrip v. Ball Corporation, et Al.

16 Cited authorities

Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"

Holding a court need not accept as true a complaint's legal conclusions, "unwarranted inferences, unreasonable conclusions, or arguments."

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

Finding that the autonomy factor “cut both ways,” even though the entity had the “power to enter into contracts, sue and be sued, and purchase and sell property in its own name”

Holding that a plaintiff had properly stated a common law civil conspiracy claim by alleging that the parties to the conspiracy intentionally acted together to sell a property without paying the plaintiff a commission for work performed, resulting in monetary damage to the plaintiff

Holding that software manufacturer did not infringe patent comprising "personal computer data processing means" because "[t]he customer, not Qwest, complete[d] the system by providing the 'personal data processing means' and installing the client software"

Holding district court did not err by declining to construe the terms "irrigating" and "frictional heat" and "relying on the ordinary meanings of these terms"

Holding that a person induces infringement by actively and knowingly aiding and abetting another's direct infringement

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Holding that testing is a "use"

Explaining that the appended forms "are sufficient under the rules and are intended to indicate the simplicity and brevity of statement which the rules contemplate"