§Why CasetextPricing

Association For Molecular Pathology et al v. United States Patent and Trademark Office et al

REPLY MEMORANDUM OF LAW in Support re: 27 MOTION to Dismiss.. Document

13 Cited authorities

  1. Medimmune, Inc. v. GenenTech, Inc.

    549 U.S. 118 (2007)   Cited 2,625 times   91 Legal Analyses
    Holding "the phrase 'case of actual controversy' in the Act refers to the types of 'Cases' and 'Controversies' that are justiciable under Article III"

  2. Allen v. Wright

    468 U.S. 737 (1984)   Cited 4,850 times   9 Legal Analyses
    Holding that, even when plaintiffs allege "one of the most serious injuries recognized in our legal system," it's not justiciable where "the chain of causation between the challenged Government conduct and the asserted injury are far too weak for the chain as a whole to sustain respondents' standing"

  3. Horne v. Flores

    557 U.S. 433 (2009)   Cited 695 times
    Holding injunction mandating sweeping changes to Texas's foster care system overly broad

  4. Bronson v. Swensen

    500 F.3d 1099 (10th Cir. 2007)   Cited 756 times
    Holding that failure to adequately present argument in opening brief forfeits appellate consideration of the issue

  5. Prasco, LLC v. Medicis Pharmaceutical Corp.

    537 F.3d 1329 (Fed. Cir. 2008)   Cited 300 times   6 Legal Analyses
    Holding that one prior lawsuit concerning different products, without more, was not sufficient to sustain an actual controversy

  6. Benitec Aus. v. Nucleonics

    495 F.3d 1340 (Fed. Cir. 2007)   Cited 238 times   8 Legal Analyses
    Holding that the possibility of future activity that would be subject to a patent infringement claim was too uncertain to create a justiciable controversy

  7. Micron v. Mosaid

    518 F.3d 897 (Fed. Cir. 2008)   Cited 202 times   1 Legal Analyses
    Holding that, under Medlmmune, declaratory judgment jurisdiction existed based on a cease and desist letter plus defendant's suits against other manufacturers

  8. Cat Tech LLC v. Tubemaster, Inc.

    528 F.3d 871 (Fed. Cir. 2008)   Cited 148 times   4 Legal Analyses
    Holding that even after the Supreme Court's decision in MedImmune, "the issue of whether there has been meaningful preparation to conduct potentially infringing activity remains an important element in the totality of circumstances which must be considered in determining whether a declaratory judgment is appropriate"

  9. Sony v. Guardian Media

    497 F.3d 1271 (Fed. Cir. 2007)   Cited 77 times   1 Legal Analyses
    Holding that the "patentee's apparent continued willingness to engage in licensing negotiations does not prevent a plaintiff from maintaining a declaratory judgment suit" because "[the patentee] was within its rights to terminate them when it determined that further negotiations would be unproductive"

  10. Adenta GmbH v. OrthoArm, Inc.

    501 F.3d 1364 (Fed. Cir. 2007)   Cited 49 times   1 Legal Analyses
    Holding that "[t]he [district] court was entitled to assume that [the patentee] acted in good faith in not disclosing the [cumulative sample] to the PTO because [it] believed it was cumulative to the . . . patent."

  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 357,835 times   950 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

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

    N.Y. C.P.L.R. § 302   Cited 4,333 times   6 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"