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Lumen View Technology LLC v. Findthebest.com, Inc

MEMORANDUM OF LAW in Opposition re: 18 FIRST MOTION for Judgment on the Pleadings.. Document

39 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 253,227 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 267,097 times   365 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  3. Leatherman v. Tarrant County Narcotics Intelligence & Coordination Unit

    507 U.S. 163 (1993)   Cited 5,116 times   2 Legal Analyses
    Holding that there is no heightened pleading requirement in § 1983 suits against municipalities

  4. Phillips v. AWH Corp.

    415 F.3d 1303 (Fed. Cir. 2005)   Cited 5,714 times   164 Legal Analyses
    Holding that "because extrinsic evidence can help educate the court regarding the field of the invention and can help the court determine what a person of ordinary skill in the art would understand claim terms to mean, it is permissible for the district court in its sound discretion to admit and use such evidence"

  5. Mayo Collaborative Servs. v. Prometheus Labs., Inc.

    566 U.S. 66 (2012)   Cited 766 times   145 Legal Analyses
    Holding that "the basic underlying concern that these patents tie up too much future use of laws of nature" reinforced the holding of ineligibility

  6. Bilski v. Kappos

    561 U.S. 593 (2010)   Cited 805 times   158 Legal Analyses
    Holding claims directed to hedging risk ineligible

  7. ATSI Communications, Inc. v. Shaar Fund, Ltd.

    493 F.3d 87 (2d Cir. 2007)   Cited 3,876 times   6 Legal Analyses
    Holding that deception occurs when "investors are misled to believe that prices at which they purchase and sell securities are determined by the natural interplay of supply and demand, not rigged by manipulators"

  8. Hayden v. Paterson

    594 F.3d 150 (2d Cir. 2010)   Cited 1,629 times
    Holding that the race-neutral reenactment of a state constitution's felon disenfranchisement provision erased the discriminatory taint of earlier enactments

  9. Diamond v. Diehr

    450 U.S. 175 (1981)   Cited 527 times   130 Legal Analyses
    Holding a procedure for molding rubber that included a computer program is within patentable subject matter

  10. 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 653 times   12 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

  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 346,412 times   923 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 156,480 times   194 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 282 - Presumption of validity; defenses

    35 U.S.C. § 282   Cited 3,896 times   136 Legal Analyses
    Granting a presumption of validity to patents

  14. Section 101 - Inventions patentable

    35 U.S.C. § 101   Cited 3,404 times   2192 Legal Analyses
    Defining patentable subject matter as "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof."

  15. Rule 84 - Abrogated (Apr. 29, 2015, eff. Dec. 1, 2015).

    Fed. R. Civ. P. 84   Cited 1,023 times   7 Legal Analyses
    Explaining that the appended forms "are sufficient under the rules and are intended to indicate the simplicity and brevity of statement which the rules contemplate"

  16. Section 100 - Definitions

    35 U.S.C. § 100   Cited 612 times   97 Legal Analyses
    Defining a " ‘joint research agreement’ " as a written agreement between "2 or more persons or entities"

  17. Section 273 - Defense to infringement based on prior commercial use

    35 U.S.C. § 273   Cited 25 times   19 Legal Analyses
    Listing circumstances where "the court shall find the case exceptional for the purpose of awarding attorney fees under section 285"