§Why CasetextPricing

Emerson Electric Co. et al v. Sipco Llc et al

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Plaintiffs' Inequitable Conduct Affirmative Defenses and Counterclaims in Answer to Second Amended Complaint with Brief In Support

20 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,946 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 279,983 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. Therasense v. Becton, Dickinson and Co.

    649 F.3d 1276 (Fed. Cir. 2011)   Cited 711 times   48 Legal Analyses
    Holding that both materiality and intent to deceive must be shown; each must be established by clear and convincing evidence

  4. Exergen Corporation v. Wal-Mart Stores, Inc.

    575 F.3d 1312 (Fed. Cir. 2009)   Cited 697 times   17 Legal Analyses
    Holding that allegation that "Exergen, its agents and/or attorneys . . . knew of the material information and deliberately withheld or misrepresented it" without naming "the specific individual associated with the filing or prosecution of the application" was not sufficiently particular to satisfy the "who" element of an inequitable conduct claim

  5. Magluta v. Samples

    256 F.3d 1282 (11th Cir. 2001)   Cited 547 times
    Holding that a complaint was a shotgun complaint when, among other issues, the complaint was 58-pages long and contained at least 146 numbered paragraphs

  6. Duke v. Cleland

    5 F.3d 1399 (11th Cir. 1993)   Cited 377 times
    In Duke v. Cleland, 5 F.3d 1399 (11th Cir. 1993) (" Duke II"), this Court examined a similar presidential primary ballot access statute in Georgia.

  7. Dayco Products, Inc. v. Total Containment

    329 F.3d 1358 (Fed. Cir. 2003)   Cited 195 times   3 Legal Analyses
    Holding that disclosure of the `196 application, filed in 1992, could have led to double patenting rejections in the applications that issued as the patents-in-suit, which all claim a 1989 filing date

  8. Williams v. Fulton Cnty. Sch. Dist.

    181 F. Supp. 3d 1089 (N.D. Ga. 2016)   Cited 54 times
    Holding that plaintiff stated a § 1983 supervisory liability claim against principal where complaint alleged facts suggesting that principal knew offending teacher was "harming disabled students for three years and did nothing about it — or worse, took actions that may have condoned or encouraged it"

  9. Sledge v. Goodyear Dunlop Tires North America, Ltd.

    275 F.3d 1014 (11th Cir. 2001)   Cited 72 times
    Holding that the plaintiff's inability to pass a prescribed written test did not render him unqualified for the promotion, and analyzing the defendant's reason for denying the plaintiff a promotion — i.e., that he did not pass the required written examination — at the pretext stage, see id. at 1015 n. 1 1019-20

  10. Burlington Industries, Inc. v. Dayco Corp.

    849 F.2d 1418 (Fed. Cir. 1988)   Cited 100 times   3 Legal Analyses
    Reversing summary judgment in favor of inequitable conduct claims

  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 361,663 times   960 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 163,974 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 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 40,144 times   335 Legal Analyses
    Requiring that fraud be pleaded with particularity