§Why CasetextPricing

DOME PATENT LP v. DUDAS

Memorandum in opposition to re MOTION to Stay Discovery

70 Cited authorities

  1. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 58,952 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"

  2. Graham v. John Deere Co.

    383 U.S. 1 (1966)   Cited 3,167 times   66 Legal Analyses
    Holding commercial success is a "secondary consideration" suggesting nonobviousness

  3. Johnson v. Zerbst

    304 U.S. 458 (1938)   Cited 8,832 times   19 Legal Analyses
    Holding that a waiver of constitutional rights must be knowing and intelligent

  4. Pavelic LeFlore v. Marvel Entertainment

    493 U.S. 120 (1989)   Cited 572 times   1 Legal Analyses
    Holding that Rule 11 sanctions may only be imposed upon the attorney who actually signs the documents in question

  5. Eastway Const. Corp. v. City of New York

    762 F.2d 243 (2d Cir. 1985)   Cited 1,193 times
    Holding Fed.R.Civ.P. 11 requires sanctions against "an attorney and/or his client when it appears that a pleading has been interposed for any improper purpose, or where, after reasonable inquiry, a competent attorney could not form a reasonable belief that the pleading is well grounded in fact and is warranted by existing law or a good faith argument for the extension, modification, or reversal of existing law."

  6. Oliveri v. Thompson

    803 F.2d 1265 (2d Cir. 1986)   Cited 929 times
    Holding that imposition of sanctions under 28 U.S.C. § 1927 and district court's inherent power requires showing of bad faith

  7. Glenmede Trust Co. v. Thompson

    56 F.3d 476 (3d Cir. 1995)   Cited 517 times
    Holding that the attorney-client privilege may be waived by a client who asserts reliance on the advice of counsel as an affirmative defense

  8. Hadges v. Yonkers Racing Corp.

    48 F.3d 1320 (2d Cir. 1995)   Cited 250 times   1 Legal Analyses
    Holding that the "concept of 'fraud on the court' embraces 'only that species of fraud which does or attempts to, defile the court itself, or is a fraud perpetrated by officers of the court so that the judicial machinery cannot perform in the usual manner its impartial task of adjudging cases'" (quoting Kupferman v. Consol. Research & Mfg. Corp., 459 F.2d 1072, 1078 (2d Cir. 1972))

  9. Amsted Industries v. Buckeye Steel Castings

    24 F.3d 178 (Fed. Cir. 1994)   Cited 210 times   10 Legal Analyses
    Holding that a patentee's express and implied licensees must comply with § 287 for the patentee to avail itself of the statute's constructive notice provisions

  10. Kelly v. L.L. Cool J.

    145 F.R.D. 32 (S.D.N.Y. 1992)   Cited 200 times
    Holding that, to adequately plead copyright infringement, a plaintiff must allege "by what acts during what time the defendant infringed the copyright"

  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 354,229 times   943 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 160,289 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Rule 41 - Dismissal of Actions

    Fed. R. Civ. P. 41   Cited 112,111 times   198 Legal Analyses
    Holding that such dismissal "operates as an adjudication on the merits"

  14. Rule 26 - Duty to Disclose; General Provisions Governing Discovery

    Fed. R. Civ. P. 26   Cited 97,825 times   674 Legal Analyses
    Adopting Fed.R.Civ.P. 37

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

    Fed. R. Civ. P. 11   Cited 36,629 times   145 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney

  16. Section 1404 - Change of venue

    28 U.S.C. § 1404   Cited 28,851 times   189 Legal Analyses
    Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR

  17. Rule 45 - Subpoena

    Fed. R. Civ. P. 45   Cited 17,099 times   110 Legal Analyses
    Holding that a subpoena may command a person to attend a trial, hearing, or deposition "within 100 miles of where the person resides, is employed, or regularly transacts business in person"

  18. Rule 1 - Scope and Purpose

    Fed. R. Civ. P. 1   Cited 15,441 times   49 Legal Analyses
    Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"

  19. Rule 42 - Consolidation; Separate Trials

    Fed. R. Civ. P. 42   Cited 9,422 times   24 Legal Analyses
    Granting court's authority to consolidate related cases or "issue any other orders to avoid unnecessary cost or delay."

  20. Section 271 - Infringement of patent

    35 U.S.C. § 271   Cited 6,113 times   1078 Legal Analyses
    Holding that testing is a "use"

  21. Section 2.120 - Discovery

    37 C.F.R. § 2.120   Cited 23 times   5 Legal Analyses
    Providing that the TTAB "in its discretion, may refuse to consider the additional written disclosures or responses"

  22. Section 41.2 - Definitions

    37 C.F.R. § 41.2   Cited 7 times   1 Legal Analyses
    Defining "final"