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Blue Spike, LLC v. Texas Instruments, Inc.

MOTION to Dismiss for Indirect and Willful Patent Infringement for Failure to State a Claim on Which Relief Can Be Granted

21 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 267,100 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 280,127 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

  3. Papasan v. Allain

    478 U.S. 265 (1986)   Cited 17,464 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"

  4. Global-Tech Appliances, Inc. v. Seb S. A.

    563 U.S. 754 (2011)   Cited 838 times   67 Legal Analyses
    Holding that a finding of deliberate ignorance requires the defendant to "take deliberate actions to avoid learning of [wrongdoing]."

  5. Norris v. Hearst Trust

    500 F.3d 454 (5th Cir. 2007)   Cited 992 times   1 Legal Analyses
    Holding plaintiffs lacked standing because they were "neither consumers nor competitors in the market attempted to be constrained"

  6. In re Seagate Technology

    497 F.3d 1360 (Fed. Cir. 2007)   Cited 804 times   86 Legal Analyses
    Holding that an "advice of counsel" defense to willful infringement does not waive the attorney-client privilege as to trial counsel partly because post-filing conduct is usually not relevant to a finding of willful infringement

  7. 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

  8. DSU Medical Corp. v. JMS Co.

    471 F.3d 1293 (Fed. Cir. 2006)   Cited 525 times   27 Legal Analyses
    Holding that the record supported jury verdict of no induced infringement where it showed defendant contacted an Australian attorney and "obtained letters from U.S. patent counsel advising that [its product] did not infringe"

  9. Water Technologies Corp. v. Calco, Ltd.

    850 F.2d 660 (Fed. Cir. 1988)   Cited 281 times   1 Legal Analyses
    Holding that intent to induce infringement may be proven by circumstantial evidence

  10. Rhodes v. Prince

    360 F. App'x 555 (5th Cir. 2010)   Cited 51 times
    In Rhodes, the Fifth Circuit cites both Twombly and Iqbal with favor, holding that the complaint is held to the plausibility standard.

  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 361,853 times   961 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 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 164,067 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

    Fed. R. Civ. P. 11   Cited 37,418 times   150 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney

  14. Section 271 - Infringement of patent

    35 U.S.C. § 271   Cited 6,186 times   1084 Legal Analyses
    Holding that testing is a "use"

  15. Section 285 - Attorney fees

    35 U.S.C. § 285   Cited 3,257 times   494 Legal Analyses
    Granting district courts discretion to award reasonable attorney fees to the prevailing party in exceptional cases

  16. Section 284 - Damages

    35 U.S.C. § 284   Cited 2,130 times   198 Legal Analyses
    Granting "interest and costs as fixed by the court"