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EMG Technology, LLC v. Apple, Inc.

MOTION to Dismiss EMG Technology, LLCs Claims of Alleged Contributory and Induced Infringement of the 196 Patent

9 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,796 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 279,848 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. 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"

  4. Pharmastem v. Viacell

    491 F.3d 1342 (Fed. Cir. 2007)   Cited 199 times   6 Legal Analyses
    Finding that "none of [the activities governed by 35 U.S.C. § 271(c)] refer to the provision of a service."

  5. Preemption Devices, Inc. v. Minnesota Mining & Manufacturing Co.

    803 F.2d 1170 (Fed. Cir. 1986)   Cited 39 times
    Concerning contributory infringement

  6. 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 361,487 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

  7. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 163,896 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  8. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 40,128 times   335 Legal Analyses
    Requiring that fraud be pleaded with particularity

  9. Section 271 - Infringement of patent

    35 U.S.C. § 271   Cited 6,183 times   1084 Legal Analyses
    Holding that testing is a "use"