§Why CasetextPricing

Entry Systems, Llc v. Alarm Security Group, Llc D/B/A Asg Security

MOTION to Dismiss for Lack of Prosecution

16 Cited authorities

  1. Douglass v. United Services Auto. Ass'n

    79 F.3d 1415 (5th Cir. 1996)   Cited 32,759 times   1 Legal Analyses
    Holding "party's failure to file written objections to the proposed findings, conclusions, and recommendation in a [R & R] ... after being served with a copy shall bar that party, except upon grounds of plain error, from attacking on appeal the unobjected-to proposed factual findings and legal conclusions accepted by the district court, provided that the party has been served with notice that such consequences will result from a failure to object"

  2. Octane Fitness, LLC v. Icon Health & Fitness, Inc.

    572 U.S. 545 (2014)   Cited 1,384 times   122 Legal Analyses
    Holding that an "exceptional" case under § 285 is "one that stands out from others with respect to the substantive strength of a party's litigating position ... or the unreasonable manner in which the case was litigated"

  3. Boudwin v. Graystone Insurance

    756 F.2d 399 (5th Cir. 1985)   Cited 1,488 times
    Noting that "[t]his authority flows from the court's inherent power to control its docket and prevent undue delays in the disposition of pending cases"

  4. A.C. Aukerman Co. v. R.L. Chaides Const. Co.

    960 F.2d 1020 (Fed. Cir. 1992)   Cited 654 times   37 Legal Analyses
    Holding that equitable estoppel is a cognizable defense against patent infringement

  5. F.D.I.C. v. Conner

    20 F.3d 1376 (5th Cir. 1994)   Cited 439 times   4 Legal Analyses
    Holding that an amendment "to identify additional sources of damages that were caused by the same pattern of conduct identified in the additional complaint" related back to the original pleading

  6. Rogers v. Kroger Co.

    669 F.2d 317 (5th Cir. 1982)   Cited 577 times
    Holding that requiring a party to “expend funds necessary to present a defense” does not amount to prejudice warranting dismissal

  7. In re Deutsche Bank

    605 F.3d 1373 (Fed. Cir. 2010)   Cited 176 times   7 Legal Analyses
    Holding that Federal Circuit law governs such matters in the patent context and applying the Rule 26 good cause standard in assessing a proposed patent prosecution bar

  8. McNeal v. Papasan

    842 F.2d 787 (5th Cir. 1988)   Cited 321 times
    Holding that "a few months" of inactivity is insufficient to justify dismissal

  9. Dorsey v. Scott Wetzel Services, Inc.

    84 F.3d 170 (5th Cir. 1996)   Cited 38 times
    Holding that dismissal for failure to prosecute "will be affirmed only upon a showing of a clear record of delay or contumacious conduct by the plaintiff, . . . and where lesser sanctions would not serve the best interest of justice"

  10. Edekka LLC v. 3Balls.Com, Inc.

    CASE NO. 2:15-CV-541 JRG (LEAD CASE) (E.D. Tex. Dec. 17, 2015)   Cited 11 times
    Stating questions about whether patentee engaged in a "reasonable and thorough presuit investigation regarding the § 101 standard and relevant authority before filing a significant number of lawsuits ... identifies a clear need to advance considerations of deterrence."

  11. Rule 72 - Magistrate Judges: Pretrial Order

    Fed. R. Civ. P. 72   Cited 166,222 times   20 Legal Analyses
    Granting a party fourteen days to object to a Magistrate Judge's non-dispositive order

  12. Rule 41 - Dismissal of Actions

    Fed. R. Civ. P. 41   Cited 107,843 times   195 Legal Analyses
    Holding that such dismissal "operates as an adjudication on the merits"

  13. Section 285 - Attorney fees

    35 U.S.C. § 285   Cited 3,197 times   476 Legal Analyses
    Granting district courts discretion to award reasonable attorney fees to the prevailing party in exceptional cases

  14. Section 315 - Relation to other proceedings or actions

    35 U.S.C. § 315   Cited 533 times   879 Legal Analyses
    Permitting the Director to consolidate separate IPRs challenging the same patent