§Why CasetextPricing

Nonend Inventions, N.V. v. Apple Inc.

MOTION to Dismiss for Improper Venue or, in the Alternative, for Failure to Properly Plead Willfulness and Indirect Infringement

34 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,377 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 266,313 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. Swierkiewicz v. Sorema N.A.

    534 U.S. 506 (2002)   Cited 16,752 times   20 Legal Analyses
    Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"

  4. Daimler AG v. Bauman

    571 U.S. 117 (2014)   Cited 5,609 times   236 Legal Analyses
    Holding that foreign corporations may not be subject to general jurisdiction "whenever they have an in-state subsidiary or affiliate"

  5. Atl. Marine Constr. Co. v. U.S. Dist. Court for the W. Dist. of Tex.

    571 U.S. 49 (2013)   Cited 3,666 times   39 Legal Analyses
    Holding that the correct procedural mechanism for enforcement of an FSC specifying a foreign forum is through a motion to dismiss for FNC

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

    563 U.S. 754 (2011)   Cited 803 times   65 Legal Analyses
    Holding that a finding of deliberate ignorance requires the defendant to "take deliberate actions to avoid learning of [wrongdoing]."

  7. In re Seagate Technology

    497 F.3d 1360 (Fed. Cir. 2007)   Cited 792 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

  8. DSU Medical Corp. v. JMS Co.

    471 F.3d 1293 (Fed. Cir. 2006)   Cited 516 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"

  9. Fourco Glass Co. v. Transmirra Corp.

    353 U.S. 222 (1957)   Cited 546 times   86 Legal Analyses
    Holding section 1391(c) did not define a corporate defendant's residence under 28 U.S.C. § 1400(b) applicable to patent infringement suits

  10. Fujitsu Ltd. v. Netgear Inc.

    620 F.3d 1321 (Fed. Cir. 2010)   Cited 211 times   5 Legal Analyses
    Holding that the fact that a user "can turn off the infringing features" does not mean there are substantial noninfringing uses

  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 345,529 times   922 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 27,781 times   197 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

  13. Section 1406 - Cure or waiver of defects

    28 U.S.C. § 1406   Cited 14,118 times   52 Legal Analyses
    Recognizing that transfer is proper to any district or division in which the action could have been brought

  14. Section 271 - Infringement of patent

    35 U.S.C. § 271   Cited 6,039 times   1047 Legal Analyses
    Holding that testing is a "use"

  15. Section 1400 - Patents and copyrights, mask works, and designs

    28 U.S.C. § 1400   Cited 2,152 times   321 Legal Analyses
    Identifying proper venue for copyright and patent suits

  16. Section 2614 - Jurisdiction of courts; limitations

    12 U.S.C. § 2614   Cited 1,260 times   3 Legal Analyses
    Granting RESPA jurisdiction to federal district courts and "any other court of competent jurisdiction"