24 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 269,029 times   281 Legal Analyses
    Holding that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 281,939 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. In re Seagate Technology

    497 F.3d 1360 (Fed. Cir. 2007)   Cited 804 times   86 Legal Analyses
    Holding that an "advice of counsel" defense to willful infringement does not waive the attorney-client privilege as to trial counsel partly because post-filing conduct is usually not relevant to a finding of willful infringement
  4. Aro Manufacturing Co. v. Convertible Top Replacement Co.

    377 U.S. 476 (1964)   Cited 416 times   13 Legal Analyses
    Holding that contributory infringement under 35 U.S.C. § 271(c) "require a showing that the alleged contributory infringer knew that the combination for which his component was especially designed was both patented and infringing"
  5. Vita-Mix Corp. v. Basic Holding

    581 F.3d 1317 (Fed. Cir. 2009)   Cited 309 times   4 Legal Analyses
    Holding no contributory infringement as a matter of law because "the accused devices are indisputably capable of non-infringing use" and the patent owner could not show the use was insubstantial
  6. Hewlett-Packard Co. v. Bausch Lomb Inc.

    909 F.2d 1464 (Fed. Cir. 1990)   Cited 318 times   7 Legal Analyses
    Holding § 271(c) codified common law doctrine prohibiting sale of "component" that "had no other use except with claimed product or process"
  7. View Engineering v. Robotic Vision Systems

    208 F.3d 981 (Fed. Cir. 2000)   Cited 147 times   2 Legal Analyses
    Holding that performing a pre-filing assessment of the basis of each infringement claim is . . . extremely important. In bringing a claim of infringement, the patent holder, if challenged, must be prepared to demonstrate to both the court and the alleged infringer exactly why it believed before filing the claim that it had a reasonable chance of proving infringement
  8. Frank's Casing Crew v. Weatherford Intern

    389 F.3d 1370 (Fed. Cir. 2004)   Cited 121 times
    Affirming summary judgment of noninfringement of three patent claims under § 112, ¶ 6, inter alia, because the mechanism specified in other claims using the same term as the means-plus-function claims and the accused structure “represent [ed] distinct structural approaches to performing essentially the same function”
  9. Mallinckrodt Inc. v. E-Z-Em Inc.

    670 F. Supp. 2d 349 (D. Del. 2009)   Cited 82 times   3 Legal Analyses
    Finding the plaintiffs' contention that knowledge can be established by the filing of a complaint unpersuasive
  10. Xpoint Technologies, Inc. v. Microsoft Corp.

    730 F. Supp. 2d 349 (D. Del. 2010)   Cited 51 times   1 Legal Analyses
    Holding that complaints claiming inducement of infringement must allege “the requisite knowledge and intent” on a motion to dismiss
  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 363,942 times   963 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 165,126 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 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

    Fed. R. Civ. P. 11   Cited 37,670 times   151 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney
  14. Section 271 - Infringement of patent

    35 U.S.C. § 271   Cited 6,210 times   1091 Legal Analyses
    Holding that testing is a "use"