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Entrust Datacard Corporation v. Atlantic Zeiser Gmbh et al

MOTION to Dismiss Counterclaims of Patent Invalidity and strike affirmative defenses , MOTION to dismiss for failure to state a claim

25 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. Medimmune, Inc. v. GenenTech, Inc.

    549 U.S. 118 (2007)   Cited 2,656 times   91 Legal Analyses
    Holding "the phrase 'case of actual controversy' in the Act refers to the types of 'Cases' and 'Controversies' that are justiciable under Article III"

  4. Barnes v. AT&T Pension Benefit Plan

    718 F. Supp. 2d 1167 (N.D. Cal. 2010)   Cited 408 times   1 Legal Analyses
    Holding that Rule 12(f) motions are disfavored due to the strong policy favoring resolution on the merits

  5. Qarbon.com Inc. v. eHelp Corp.

    315 F. Supp. 2d 1046 (N.D. Cal. 2004)   Cited 126 times
    Holding an answer alleging plaintiff is "barred from recovery . . . by the doctrines of waiver, estoppel, and unclean hands" did not provide fair notice of affirmative defenses because it did not allege facts justifying any of these doctrines

  6. Panduit Corp. v. Dennison Mfg. Co.

    810 F.2d 1561 (Fed. Cir. 1987)   Cited 202 times   2 Legal Analyses
    Holding that §§ 103 and 102 use the same definition of prior art

  7. Adams v. Jumpstart Wireless Corp.

    294 F.R.D. 668 (S.D. Fla. 2013)   Cited 73 times
    Denying the request to strike an affirmative defense "that the time for which Plaintiff seeks compensation is de minimis"

  8. Sun Microsystems, Inc. v. Versata Enterprises, Inc.

    630 F. Supp. 2d 395 (D. Del. 2009)   Cited 69 times
    Finding sufficient nexus between defendant's unclean hands defense and infringement litigation where affirmative defense was based on allegations that defendant had a license to the specific patent-in-suit

  9. OrientView Techs. LLC v. Seven for All Mankind, LLC

    13 Civ. 0538 (PAE) (S.D.N.Y. Aug. 7, 2013)   Cited 52 times
    Holding that "the Local Patent Rules and the heightened pleading standard are not inconsistent," and declining to "measure[]" patent cases "under a different standard than almost all other claims in this Circuit"

  10. Stoner v. Walsh

    772 F. Supp. 790 (S.D.N.Y. 1991)   Cited 62 times
    Noting that "the Committee had retained the law firm of White & Case as independent counsel to the Committee and the entire Board with respect to the matters referred to in the demand"

  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

  14. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 25,140 times   63 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment

  15. Section 103 - Conditions for patentability; non-obvious subject matter

    35 U.S.C. § 103   Cited 6,140 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."

  16. 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"

  17. Rule 408 - Compromise Offers and Negotiations

    Fed. R. Evid. 408   Cited 4,433 times   50 Legal Analyses
    Holding that premature deliberations constituted an internal jury influence subject to the post-verdict restrictions of Rule 606(b)

  18. 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."

  19. Section 286 - Time limitation on damages

    35 U.S.C. § 286   Cited 330 times   80 Legal Analyses
    Precluding recovery for infringement more than six years prior to the filing of the complaint or counterclaim

  20. Section 288 - Action for infringement of a patent containing an invalid claim

    35 U.S.C. § 288   Cited 50 times

    Whenever a claim of a patent is invalid, an action may be maintained for the infringement of a claim of the patent which may be valid. The patentee shall recover no costs unless a disclaimer of the invalid claim has been entered at the Patent and Trademark Office before the commencement of the suit. 35 U.S.C. § 288 July 19, 1952, ch. 950, 66 Stat. 813; Pub. L. 93-596, §1, Jan. 2, 1975, 88 Stat. 1949; Pub. L. 112-29, §20(h), Sept. 16, 2011, 125 Stat. 334. HISTORICAL AND REVISION NOTESBased on Title