§Why CasetextPricing

Monster Energy Company v. Consolidated Distributors, Inc. et al

MOTION in limine

28 Cited authorities

  1. University of Texas v. Camenisch

    451 U.S. 390 (1981)   Cited 3,102 times   4 Legal Analyses
    Holding that "the question whether a preliminary injunction should have been issued . . . is moot . . . [where] the terms of the injunction . . . have been fully and irrevocably carried out."

  2. Beacon Theatres v. Westover

    359 U.S. 500 (1959)   Cited 1,599 times   3 Legal Analyses
    Holding that jury trial was required where legal and equitable claims both turned on the reasonableness of certain exclusive rights afforded to a theater to show first-run movies, which involved gauging the level of competition between two theaters

  3. Texas Digital Systems, Inc. v. Telegenix

    308 F.3d 1193 (Fed. Cir. 2002)   Cited 761 times   4 Legal Analyses
    Holding the district court did not abuse its discretion by excluding an alleged prior user's testimony for lack of corroboration when the only contemporaneous corroborating evidence offered was an unissued patent application

  4. U.S. v. Ellisor

    522 F.3d 1255 (11th Cir. 2008)   Cited 238 times
    Holding that the district court need not "recite a laundry list" of factors to demonstrate the reasonableness of its sentence

  5. Country Fl. v. Partnership of Gepner Ford

    930 F.2d 1056 (3d Cir. 1991)   Cited 352 times
    Holding that factual determinations made in ruling on a motion for a preliminary injunction cannot be used to decide summary judgment

  6. U.S. v. Baptista-Rodriguez

    17 F.3d 1354 (11th Cir. 1994)   Cited 222 times
    Holding that the Double Jeopardy Clause does not prevent prosecution of identical offenses "when they are charged by separate sovereigns."

  7. Eibel Co. v. Paper Co.

    261 U.S. 45 (1923)   Cited 519 times   7 Legal Analyses
    Holding that the oral testimony of prior public use "falls short of being enough to overcome the presumption of novelty from the granting of the patent" when "there is not a single written record, letter or specification of prior date to [the patentee's] application that discloses any such discovery by anyone. . . ."

  8. Woodland Trust v. Flowertree Nursery, Inc.

    148 F.3d 1368 (Fed. Cir. 1998)   Cited 158 times   8 Legal Analyses
    Holding that evidence did not meet clear and convincing standard required to show anticipation, despite corroborating testimony of four witnesses, where the witnesses were related to defendant by blood or long friendship, and no corroborating physical evidence was submitted despite defendant's assertion that he had used the invention for more than ten years

  9. Burns v. Lawther

    53 F.3d 1237 (11th Cir. 1995)   Cited 100 times
    Recognizing that harmless error analysis may be applied only where issues could have been disposed of on summary judgment or judgment as matter of law

  10. David Vincent, Inc. v. Broward County

    200 F.3d 1325 (11th Cir. 2000)   Cited 64 times
    Holding that "[i]t is of no import under Renton that the real estate market may be tight and sites currently unavailable for sale or lease, or that property owners may be reluctant to sell to an adult venue," and finding sites available even though there was "no evidence that any of the land is for sale"

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,902 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Rule 26 - Duty to Disclose; General Provisions Governing Discovery

    Fed. R. Civ. P. 26   Cited 95,870 times   659 Legal Analyses
    Adopting Fed.R.Civ.P. 37

  13. Rule 37 - Failure to Make Disclosures or to Cooperate in Discovery; Sanctions

    Fed. R. Civ. P. 37   Cited 46,275 times   322 Legal Analyses
    Holding that a party may be barred from using a witness if it fails to disclose the witness

  14. Rule 403 - Excluding Relevant Evidence for Prejudice, Confusion, Waste of Time, or Other Reasons

    Fed. R. Evid. 403   Cited 22,666 times   81 Legal Analyses
    Adopting a similar standard, but requiring the probative value to be "substantially outweighed" by these risks

  15. Rule 402 - General Admissibility of Relevant Evidence

    Fed. R. Evid. 402   Cited 6,706 times   11 Legal Analyses
    Providing relevant evidence is admissible unless prohibited by the United States Constitution, a federal statute, the Federal Rules of Evidence, or other rules prescribed by the Supreme Court

  16. Section 1051 - Application for registration; verification

    15 U.S.C. § 1051   Cited 3,802 times   123 Legal Analyses
    Requiring a filing of a Statement of Use to register a mark