§Why CasetextPricing

Parallel Networks, LLC v. Abercrombie & Fitch Co. et al

MOTION to Dismiss Second Amended Complaint

13 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,691 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 279,746 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  3. Cuvillier v. Taylor

    503 F.3d 397 (5th Cir. 2007)   Cited 1,479 times
    Holding that "to survive a Rule 12(b) motion to dismiss, a complaint 'does not need detailed factual allegations,' but must provide the plaintiff's grounds for entitlement to relief-including factual allegations that when assumed to be true 'raise a right to relief above the speculative level.'" (quoting Twombly, 550 U.S. at 555)

  4. In re Seagate Technology

    497 F.3d 1360 (Fed. Cir. 2007)   Cited 803 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

  5. BMC Resources, Inc. v. Paymentech, L.P.

    498 F.3d 1373 (Fed. Cir. 2007)   Cited 293 times   42 Legal Analyses
    Holding that an actor is liable for infringement under § 271 if it acts through an agent or contracts with another to perform one or more steps of a claimed method

  6. ACCO Brands, Inc. v. ABA Locks Mfr. Co.

    501 F.3d 1307 (Fed. Cir. 2007)   Cited 238 times
    Holding that the patent owner must show actual infringement, rather than just the capability to infringe

  7. Warner-Lambert Co. v. Apotex Corp.

    316 F.3d 1348 (Fed. Cir. 2003)   Cited 253 times   22 Legal Analyses
    Finding evidence of actual use relevant and concluding that "[w]here there are many uses for a product ... and fewer than 1 in 46 sales of that product are for infringing uses, we are not in a position to infer or not infer intent on the part of [Defendant] without any direct evidence."

  8. Golden Blount, Inc. v. Robert H. Peterson

    365 F.3d 1054 (Fed. Cir. 2004)   Cited 114 times   2 Legal Analyses
    Holding that the burden of persuasion is on the plaintiff

  9. Novartis Pharmaceuticals Corp. v. Eon Labs Manufacturing, Inc.

    363 F.3d 1306 (Fed. Cir. 2004)   Cited 53 times   1 Legal Analyses
    Holding that a particulate dispersion inside the body cannot infringe under the doctrine of equivalents because it would vitiate the claimed requirement that the dispersion be prepared outside the body

  10. Colida v. Nokia

    347 F. App'x 568 (Fed. Cir. 2009)   Cited 39 times
    Finding district court properly granted Nokia's motion to dismiss where Colida's infringement claims were facially implausible and provided the district court with no basis upon which to reasonably infer the ordinary observer would confuse plaintiff's patent design with Nokia's phone where the dissimilarities between the two far exceed the similarities

  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 361,353 times   960 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 163,831 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

    Fed. R. Civ. P. 11   Cited 37,377 times   150 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney