22 Cited authorities

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
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
Nautilus, Inc. v. Biosig Instruments, Inc.
572 U.S. 898 (2014) Cited 1,405 times 95 Legal Analyses
Holding that claims are not indefinite if, "viewed in light of the specification and prosecution history, [they] inform those skilled in the art about the scope of the invention with reasonable certainty"
Stanard v. Nygren
658 F.3d 792 (7th Cir. 2011) Cited 509 times
Holding that a court need not allow the filing of an amended complaint "where the amendment would be futile"
Interval Licensing LLC v. AOL, Inc.
766 F.3d 1364 (Fed. Cir. 2014) Cited 430 times 10 Legal Analyses
Holding terms of degree are not inherently indefinite as long as claim language provides enough certainty to one of skill in art when read in context of invention
Firestone Fin. Corp. v. Meyer
796 F.3d 822 (7th Cir. 2015) Cited 247 times
Concluding that allegations that were “neither legal assertions nor conclusory statements reciting the elements of a cause of action” were “entitled to a presumption of truth” under Iqbal
K-Tech Telecomms., Inc. v. Time Warner Cable, Inc.
714 F.3d 1277 (Fed. Cir. 2013) Cited 212 times 8 Legal Analyses
Holding that complaint survives Rule 12(b) challenge when it gives notice of what patentee accuses of being an infringing act with reasonable inferences that such acts are being done
Vasudevan Software, Inc. v. MicroStrategy, Inc.
782 F.3d 671 (Fed. Cir. 2015) Cited 75 times 1 Legal Analyses
Concluding that the applicant's use of the phrase 'refers to' "indicate[d] an intention to define a term" that precluded a different definition during claim construction
Aia Eng'g Ltd. v. Magotteaux Int'l S/A
657 F.3d 1264 (Fed. Cir. 2011) Cited 80 times 2 Legal Analyses
Holding that the terms "homogenous solid solution" and "homogenous ceramic composite" were synonyms based on their synonymous usage in the specification
Rah Color Techs. LLC v. Ricoh USA Inc.
194 F. Supp. 3d 346 (E.D. Pa. 2016) Cited 31 times
Finding identically worded non-infringement and invalidity counterclaims insufficient under Twombly and Iqbal
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
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 164,069 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 94,896 times 92 Legal Analyses
Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint
Section 112 - Specification
35 U.S.C. § 112 Cited 7,383 times 1047 Legal Analyses
Requiring patent applications to include a "specification" that provides, among other information, a written description of the invention and of the manner and process of making and using it
Section 103 - Conditions for patentability; non-obvious subject matter
35 U.S.C. § 103 Cited 6,141 times 481 Legal Analyses
Holding the party seeking invalidity must prove "the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains."
Section 102 - Conditions for patentability; novelty
35 U.S.C. § 102 Cited 6,010 times 1009 Legal Analyses
Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"
Section 101 - Inventions patentable
35 U.S.C. § 101 Cited 3,508 times 2283 Legal Analyses
Defining patentable subject matter as "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof."
Section 132 - Notice of rejection; reexamination
35 U.S.C. § 132 Cited 310 times 47 Legal Analyses
Prohibiting addition of "new matter"

Dsm IP Assets, B.V. et al v. Lallemand Specialties, Inc. et al

22 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

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 claims are not indefinite if, "viewed in light of the specification and prosecution history, [they] inform those skilled in the art about the scope of the invention with reasonable certainty"

Holding that a court need not allow the filing of an amended complaint "where the amendment would be futile"

Holding terms of degree are not inherently indefinite as long as claim language provides enough certainty to one of skill in art when read in context of invention

Concluding that allegations that were “neither legal assertions nor conclusory statements reciting the elements of a cause of action” were “entitled to a presumption of truth” under Iqbal

Holding that complaint survives Rule 12(b) challenge when it gives notice of what patentee accuses of being an infringing act with reasonable inferences that such acts are being done

Concluding that the applicant's use of the phrase 'refers to' "indicate[d] an intention to define a term" that precluded a different definition during claim construction

Holding that the terms "homogenous solid solution" and "homogenous ceramic composite" were synonyms based on their synonymous usage in the specification

Finding identically worded non-infringement and invalidity counterclaims insufficient under Twombly and Iqbal

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. . . ."

Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

Requiring patent applications to include a "specification" that provides, among other information, a written description of the invention and of the manner and process of making and using it

Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

Defining patentable subject matter as "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof."

Prohibiting addition of "new matter"