12 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 260,142 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Global-Tech Appliances, Inc. v. Seb S. A.
563 U.S. 754 (2011) Cited 821 times 66 Legal Analyses
Holding that a finding of deliberate ignorance requires the defendant to "take deliberate actions to avoid learning of [wrongdoing]."
Lormand v. US Unwired, Inc.
565 F.3d 228 (5th Cir. 2009) Cited 2,154 times 5 Legal Analyses
Holding that warnings "d[id] not qualify as meaningful cautionary language" because they "did not disclose that defendants knew from past experience that the [risks] posed an imminent threat of business and financial ruin and that some damage from these risks had already materialized"
McZeal v. Sprint Nextel Corp.
501 F.3d 1354 (Fed. Cir. 2007) Cited 411 times 12 Legal Analyses
Holding that a direct infringement claim made in accordance with Form 16 (now Form 18) of the Federal Rules of Civil Procedure meets the Twombly pleading standard
Mitchell v. E-Z Way Towers, Inc.
269 F.2d 126 (5th Cir. 1959) Cited 353 times
Holding that Rule 12(e) is not to be used as a substitute for discovery
Whiddon v. Chase Home Finance, LLC
666 F. Supp. 2d 681 (E.D. Tex. 2009) Cited 33 times
Granting leave to amend because “it does not appear that [plaintiff's] ... claims are patently frivolous or that an amendment could not cure their defects”
Realtime Data, LLC v. Stanley
721 F. Supp. 2d 538 (E.D. Tex. 2010) Cited 13 times
Granting a motion to dismiss where plaintiff only alleged mere knowledge and possibility that discovery could produce evidence of reckless behavior
Morgan v. Plano Independent School District
4:04cv447 (E.D. Tex. Mar. 22, 2007)
4:04cv447. March 22, 2007 MEMORANDUM ADOPTING THE REPORT AND RECOMMENDATION OF THE UNITED STATES MAGISTRATE JUDGE RICHARD SCHELL, District Judge Came on for consideration the above-referenced civil action, this Court having heretofore ordered this case be referred to the United States Magistrate Judge for all pretrial purposes. The report of the United States Magistrate Judge, which contains proposed findings of fact and recommendations for the disposition of "Motion to Dismiss Plaintiff's Failure
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 354,229 times 943 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 5 - Serving and Filing Pleadings and Other Papers
Fed. R. Civ. P. 5 Cited 22,753 times 16 Legal Analyses
Allowing service by filing papers with the court's electronic-filing system
Section 271 - Infringement of patent
35 U.S.C. § 271 Cited 6,113 times 1078 Legal Analyses
Holding that testing is a "use"
Rule 84 - Abrogated (Apr. 29, 2015, eff. Dec. 1, 2015).
Fed. R. Civ. P. 84 Cited 1,037 times 7 Legal Analyses
Explaining that the appended forms "are sufficient under the rules and are intended to indicate the simplicity and brevity of statement which the rules contemplate"

Round Rock Research, LLC v. Oracle Corporation et al

12 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

Holding that a finding of deliberate ignorance requires the defendant to "take deliberate actions to avoid learning of [wrongdoing]."

Holding that warnings "d[id] not qualify as meaningful cautionary language" because they "did not disclose that defendants knew from past experience that the [risks] posed an imminent threat of business and financial ruin and that some damage from these risks had already materialized"

Holding that a direct infringement claim made in accordance with Form 16 (now Form 18) of the Federal Rules of Civil Procedure meets the Twombly pleading standard

Holding that Rule 12(e) is not to be used as a substitute for discovery

Granting leave to amend because “it does not appear that [plaintiff's] ... claims are patently frivolous or that an amendment could not cure their defects”

Granting a motion to dismiss where plaintiff only alleged mere knowledge and possibility that discovery could produce evidence of reckless behavior

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Allowing service by filing papers with the court's electronic-filing system

Holding that testing is a "use"

Explaining that the appended forms "are sufficient under the rules and are intended to indicate the simplicity and brevity of statement which the rules contemplate"