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NXP Semiconductors USA, Inc. v. France Brevets, S.A.S., et al

MOTION to Dismiss AND MEMORANDUM OF POINTS AND AUTHORITIES IN SUPPORT THEREOF

35 Cited authorities

  1. Kokkonen v. Guardian Life Ins. Co. of America

    511 U.S. 375 (1994)   Cited 19,187 times   5 Legal Analyses
    Holding that absent a reservation of jurisdiction in the stipulated dismissal order, federal courts lack jurisdiction to consider enforcement of a settlement agreement

  2. Goodyear Dunlop Tires Oper. v. Brown

    564 U.S. 915 (2011)   Cited 5,258 times   86 Legal Analyses
    Holding "the sales of petitioners' tires sporadically made in North Carolina through intermediaries" insufficient to support general jurisdiction

  3. Burger King Corp. v. Rudzewicz

    471 U.S. 462 (1985)   Cited 16,900 times   46 Legal Analyses
    Holding that a defendant has "fair warning" if he purposefully directs his activities at residents of the forum and if the litigation results from alleged injuries arising out of or relating to those activities.

  4. Helicopteros Nacionales de Colom. v. Hall

    466 U.S. 408 (1984)   Cited 9,298 times   26 Legal Analyses
    Holding that “purchases, even if occurring at regular intervals” were insufficient to establish general personal jurisdiction over a nonresident corporation

  5. Int'l Shoe Co. v. Washington

    326 U.S. 310 (1945)   Cited 22,674 times   109 Legal Analyses
    Holding that states may exercise personal jurisdiction over out-of-state defendants with "certain minimum contacts with [the forum] such that the maintenance of the suit does not offend ‘traditional notions of fair play and substantial justice’ " (quoting Milliken v. Meyer , 311 U.S. 457, 463, 61 S.Ct. 339, 85 L.Ed. 278 (1940) )

  6. Carnival Cruise Lines, Inc. v. Shute

    499 U.S. 585 (1991)   Cited 1,948 times   8 Legal Analyses
    Holding that forum-selection clause in cruise passengers' form contract was reasonable and enforceable where there was "no indication" that the designated forum was chosen to "discourag[e] cruise passengers from pursing legitimate claims"

  7. Perkins v. Benguet Mining Co.

    342 U.S. 437 (1952)   Cited 1,822 times   4 Legal Analyses
    Holding Ohio courts could exercise general jurisdiction over a foreign corporation due to the extent and nature of the temporary operations in the state, finding such business activity was continuous and systematic

  8. Bancroft Masters, Inc., v. Augusta National

    223 F.3d 1082 (9th Cir. 2000)   Cited 1,230 times   1 Legal Analyses
    Holding that California had personal jurisdiction over declaratory judgment defendant because of defendant's challenge to plaintiff's registration for its domain name, which challenge was filed with an agency located in Virginia but affected the plaintiff's ability to use the domain name in California

  9. Doe v. Unocal Corp.

    248 F.3d 915 (9th Cir. 2001)   Cited 937 times   1 Legal Analyses
    Holding "court may consider evidence" on motion to dismiss under Rule 12(b)

  10. Harris Rutsky Co. v. Bell Clements

    328 F.3d 1122 (9th Cir. 2003)   Cited 822 times   1 Legal Analyses
    Holding that "100% control through stock ownership" and "shar[ing] the same offices . . . and some of the same staff" did not make one company the alter ego of the other

  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 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

  12. Section 1332 - Diversity of citizenship; amount in controversy; costs

    28 U.S.C. § 1332   Cited 111,968 times   572 Legal Analyses
    Holding district court has jurisdiction over action between diverse citizens "where the matter in controversy exceeds the sum or value of $75,000"

  13. 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

  14. Section 1330 - Actions against foreign states

    28 U.S.C. § 1330   Cited 1,648 times   13 Legal Analyses
    Granting district courts with jurisdiction over claims against "foreign state"

  15. Section 1603 - Definitions

    28 U.S.C. § 1603   Cited 1,358 times   7 Legal Analyses
    Requiring that a "majority" of "shares or other ownership interest" be "owned" by the foreign state or its political subdivision