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Freyssinet Inc v. Dywidag-Systems International USA Inc

Motion to Dismiss for Failure to State a Claim

30 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 260,142 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 273,590 times   368 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. Erickson v. Pardus

    551 U.S. 89 (2007)   Cited 63,493 times   3 Legal Analyses
    Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"

  4. In re Katrina Canal

    495 F.3d 191 (5th Cir. 2007)   Cited 4,705 times   6 Legal Analyses
    Holding that flood exclusion provisions in State Farm policy covered damage caused by flooding due to breached levees

  5. Global-Tech Appliances, Inc. v. Seb S. A.

    563 U.S. 754 (2011)   Cited 821 times   66 Legal Analyses
    Holding that a finding of deliberate ignorance requires the defendant to "take deliberate actions to avoid learning of [wrongdoing]."

  6. Halo Elecs., Inc. v. Pulse Elecs., Inc.

    136 S. Ct. 1923 (2016)   Cited 506 times   59 Legal Analyses
    Holding that section 284 " ‘commits the determination’ whether enhanced damages are appropriate ‘to the discretion of the district court’ "

  7. U.S. ex Rel. Willard v. Humana Health Plan

    336 F.3d 375 (5th Cir. 2003)   Cited 967 times
    Holding that the district court did not abuse its discretion in not allowing the plaintiff to amend its complaint because the plaintiff had already had two opportunities to amend their complaint

  8. In re Seagate Technology

    497 F.3d 1360 (Fed. Cir. 2007)   Cited 801 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

  9. R+L Carriers, Inc. v. Drivertech LLC (In re Bill of Lading Transmission & Processing Sys. Patent Litig.)

    681 F.3d 1323 (Fed. Cir. 2012)   Cited 666 times   13 Legal Analyses
    Holding that pleading "the process for" using the accused product in an infringing way "has no other substantial non-infringing use" is not the same as pleading the accused product contains a component that can only infringe, and therefore fails to state a claim for contributory infringement

  10. DSU Medical Corp. v. JMS Co.

    471 F.3d 1293 (Fed. Cir. 2006)   Cited 519 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"

  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 354,229 times   943 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 160,289 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 22,753 times   16 Legal Analyses
    Allowing service by filing papers with the court's electronic-filing system

  14. Section 271 - Infringement of patent

    35 U.S.C. § 271   Cited 6,113 times   1078 Legal Analyses
    Holding that testing is a "use"