§Why CasetextPricing

Roland Corporation v. Inmusicbrands, Inc.

NOTICE OF MOTION AND MOTION to Dismiss Counterclaims and Strike Affirmative Defenses

31 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 263,882 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 277,112 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. Fogerty v. Fantasy, Inc.

    510 U.S. 517 (1994)   Cited 2,899 times   30 Legal Analyses
    Holding that under the Copyright Act fee-shifting statute, 17 U.S.C. § 505, defendants and plaintiffs are to be treated the same, contrary to the Court's interpretation of § 1988

  4. Whittlestone, Inc. v. Handi-Craft Co.

    618 F.3d 970 (9th Cir. 2010)   Cited 1,370 times   2 Legal Analyses
    Holding that a motion to dismiss under Rule 12(b) is the appropriate means of disposing of an improper claim for relief

  5. Fantasy, Inc. v. Fogerty

    984 F.2d 1524 (9th Cir. 1993)   Cited 1,387 times   1 Legal Analyses
    Holding that the district court properly struck lengthy, stale and previously litigated factual allegations to streamline the action

  6. Therasense v. Becton, Dickinson and Co.

    649 F.3d 1276 (Fed. Cir. 2011)   Cited 705 times   47 Legal Analyses
    Holding that both materiality and intent to deceive must be shown; each must be established by clear and convincing evidence

  7. Exergen Corporation v. Wal-Mart Stores, Inc.

    575 F.3d 1312 (Fed. Cir. 2009)   Cited 695 times   17 Legal Analyses
    Holding that allegation that "Exergen, its agents and/or attorneys . . . knew of the material information and deliberately withheld or misrepresented it" without naming "the specific individual associated with the filing or prosecution of the application" was not sufficiently particular to satisfy the "who" element of an inequitable conduct claim

  8. Barnes v. AT&T Pension Benefit Plan

    718 F. Supp. 2d 1167 (N.D. Cal. 2010)   Cited 405 times   1 Legal Analyses
    Holding that Rule 12(f) motions are disfavored due to the strong policy favoring resolution on the merits

  9. Johnson v. Lucent Technologies Inc.

    653 F.3d 1000 (9th Cir. 2011)   Cited 371 times   1 Legal Analyses
    Holding that a § 1981 retaliation claim, which occurred post-contract formation, is bound by §1658's four-year statute of limitations

  10. Ferguson Beauregard/Logic Controls v. Mega Systems, LLC

    350 F.3d 1327 (Fed. Cir. 2003)   Cited 279 times   2 Legal Analyses
    Holding that "inequitable conduct, while a broader concept than fraud, must be pled with particularity"

  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 358,269 times   949 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 162,307 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 10 - Form of Pleadings

    Fed. R. Civ. P. 10   Cited 20,320 times   10 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion

  14. Section 271 - Infringement of patent

    35 U.S.C. § 271   Cited 6,144 times   1082 Legal Analyses
    Holding that testing is a "use"

  15. Section 103 - Conditions for patentability; non-obvious subject matter

    35 U.S.C. § 103   Cited 6,126 times   478 Legal Analyses
    Holding the party seeking invalidity must prove "the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains."

  16. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 5,990 times   1000 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  17. Section 101 - Inventions patentable

    35 U.S.C. § 101   Cited 3,486 times   2271 Legal Analyses
    Defining patentable subject matter as "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof."

  18. Section 287 - Limitation on damages and other remedies; marking and notice

    35 U.S.C. § 287   Cited 778 times   94 Legal Analyses
    Limiting liability of medical practitioners for performance of certain medical and surgical procedures

  19. Section 286 - Time limitation on damages

    35 U.S.C. § 286   Cited 329 times   80 Legal Analyses
    Precluding recovery for infringement more than six years prior to the filing of the complaint or counterclaim