Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 262,570 times 281 Legal AnalysesHolding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 275,856 times 369 Legal AnalysesHolding 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
Cuvillier v. Taylor
503 F.3d 397 (5th Cir. 2007) Cited 1,455 timesHolding 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)
In re Seagate Technology
497 F.3d 1360 (Fed. Cir. 2007) Cited 802 times 86 Legal AnalysesHolding 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
BMC Resources, Inc. v. Paymentech, L.P.
498 F.3d 1373 (Fed. Cir. 2007) Cited 293 times 42 Legal AnalysesHolding 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
ACCO Brands, Inc. v. ABA Locks Mfr. Co.
501 F.3d 1307 (Fed. Cir. 2007) Cited 237 timesHolding that the patent owner must show actual infringement, rather than just the capability to infringe
Warner-Lambert Co. v. Apotex Corp.
316 F.3d 1348 (Fed. Cir. 2003) Cited 250 times 22 Legal AnalysesFinding 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."
Golden Blount, Inc. v. Robert H. Peterson
365 F.3d 1054 (Fed. Cir. 2004) Cited 114 times 2 Legal AnalysesHolding that the burden of persuasion is on the plaintiff
Novartis Pharmaceuticals Corp. v. Eon Labs Manufacturing, Inc.
363 F.3d 1306 (Fed. Cir. 2004) Cited 53 times 1 Legal AnalysesHolding 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
Colida v. Nokia
347 F. App'x 568 (Fed. Cir. 2009) Cited 37 timesFinding 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
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 356,916 times 947 Legal AnalysesGranting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 161,536 times 197 Legal AnalysesHolding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions
Fed. R. Civ. P. 11 Cited 36,896 times 148 Legal AnalysesHolding an "unrepresented party" to the same standard as an attorney