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Infinity Computer Products, Inc. v. Toshiba America Business Solutions, Inc.

MOTION to Dismiss for Lack of Prosecution

23 Cited authorities

  1. Rowland v. California Men's Colony

    506 U.S. 194 (1993)   Cited 3,183 times   4 Legal Analyses
    Holding that the rule that corporations must be represented by licensed counsel "applies equally to all artificial entities"

  2. Poulis v. State Farm Fire and Cas. Co.

    747 F.2d 863 (3d Cir. 1984)   Cited 3,296 times   1 Legal Analyses
    Holding that imposing excess costs, including attorneys' fees, caused by unjustified attorney conduct or delay during the pretrial process on the attorney responsible is the "preferable sanction"

  3. Briscoe v. Klaus

    538 F.3d 252 (3d Cir. 2008)   Cited 771 times
    Holding that, under Poulis analysis, claims that survived summary judgment stage of litigation are deemed to have merit

  4. Adams v. Trustees, N.J. Brewery Trust Fund

    29 F.3d 863 (3d Cir. 1994)   Cited 830 times
    Holding that "[e]xtensive or repeated delay or delinquency constitutes a history of dilatoriness"

  5. Mindek v. Rigatti

    964 F.2d 1369 (3d Cir. 1992)   Cited 823 times
    Finding it is not necessary that all of the factors point toward a default before that sanction will be upheld

  6. Lyell Theatre Corp. v. Loews Corp.

    682 F.2d 37 (2d Cir. 1982)   Cited 801 times
    Holding that a district court's authority to dismiss an action for failure to prosecute "cannot seriously be doubted"

  7. Laitram Corp. v. NEC Corp.

    163 F.3d 1342 (Fed. Cir. 1998)   Cited 189 times   2 Legal Analyses
    Holding that a claim is identical to a claim in the original patent only if the scope of the two claims is identical

  8. Qadr v. Overmyer

    642 F. App'x 100 (3d Cir. 2016)   Cited 44 times

    No. 15-3090 03-08-2016 NUR QADR, aka Jeffrey Pratt v. MR. MICHAEL OVERMYER, Superintendent; MR. OBERLANDER, Deputy Supt; DEPUTY J. HORTON, Deputy Facility Manager; MR. DOMBROSKI, Acting Corrections Classification Program Manager; MR. WILLIAM COLE, Corrections Classification Program Manager; MS. C. KENNEDY, Grievance Coordinator; MS. SEIGAL, Grievance Coordinator; JOHN DOE, Food Service Manager; MR. MCQUOWN, Facility Chaplain Program Director; JOHN/JANE DOE, Corrections Healthcare Administrator; MS

  9. Simbraw, Inc. v. United States

    367 F.2d 373 (3d Cir. 1966)   Cited 183 times
    Holding a corporation must be represented by counsel

  10. Shipman v. Delaware

    381 F. App'x 162 (3d Cir. 2010)   Cited 42 times
    Finding "dismissal for failure to prosecute" warranted, notwithstanding the fact that "the District Court did not make explicit findings concerning the Poulis factors"

  11. Rule 41 - Dismissal of Actions

    Fed. R. Civ. P. 41   Cited 107,294 times   195 Legal Analyses
    Holding that such dismissal "operates as an adjudication on the merits"

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

    35 U.S.C. § 103   Cited 6,051 times   443 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."

  13. Section 252 - Effect of reissue

    35 U.S.C. § 252   Cited 290 times   22 Legal Analyses
    Stating that a reissued patent shall have the same effect as the original patent “in so far as the claims of the original and reissued patents are substantially identical ”

  14. Section 307 - Certificate of patentability, unpatentability, and claim cancellation

    35 U.S.C. § 307   Cited 116 times   10 Legal Analyses
    Stating that “a reexamination proceeding will have the same effect as that specified in section 252 for reissued patents”