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Infodeli, Llc. et al v. Western Robidoux, Inc. et al

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM OR TO STRIKE SECOND AMENDED COMPLAINT AND INCORPORATED SUGGESTIONS IN SUPPORT

14 Cited authorities

  1. 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 348,046 times   927 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  2. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 97,883 times   136 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

  3. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 62,194 times   78 Legal Analyses
    Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"

  4. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 28,011 times   197 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

  5. Section 106 - Exclusive rights in copyrighted works

    17 U.S.C. § 106   Cited 3,759 times   108 Legal Analyses
    Granting the owners of copyrights in “literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works” the exclusive right “to display the copyrighted work publicly”

  6. Section 504 - Remedies for infringement: Damages and profits

    17 U.S.C. § 504   Cited 3,610 times   56 Legal Analyses
    Stating that, where "infringement was committed willfully, the court in its discretion may increase the award of statutory damages to a sum of not more than $150,000"

  7. Section 1030 - Fraud and related activity in connection with computers

    18 U.S.C. § 1030   Cited 3,250 times   408 Legal Analyses
    Holding cellular phones are protected

  8. Section 501 - Infringement of copyright

    17 U.S.C. § 501   Cited 3,185 times   28 Legal Analyses
    Granting a cause of action to "[t]he legal or beneficial owner of an exclusive right under a copyright"

  9. Section 505 - Remedies for infringement: Costs and attorney's fees

    17 U.S.C. § 505   Cited 2,983 times   70 Legal Analyses
    Granting the district court discretion to award attorney's fees to the prevailing party in copyright cases

  10. Section 502 - Remedies for infringement: Injunctions

    17 U.S.C. § 502   Cited 1,452 times   3 Legal Analyses
    Authorizing a court to enter a temporary injunction "on such terms as it may deem reasonable to prevent or restrain infringement of copyright"