23 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 266,896 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 279,933 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
Conley v. Gibson
355 U.S. 41 (1957) Cited 59,329 times 25 Legal Analyses
Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"
Car Carriers, Inc. v. Ford Motor Co.
745 F.2d 1101 (7th Cir. 1984) Cited 2,403 times
Holding that a complaint may not be amended by briefs in opposition to a motion to dismiss
Lucent Technologies v. Gateway
580 F.3d 1301 (Fed. Cir. 2009) Cited 777 times 21 Legal Analyses
Holding that "we see little evidentiary basis under Georgia-Pacific" for the damages award
DSU Medical Corp. v. JMS Co.
471 F.3d 1293 (Fed. Cir. 2006) Cited 525 times 27 Legal Analyses
Holding that the record supported jury verdict of no induced infringement where it showed defendant contacted an Australian attorney and "obtained letters from U.S. patent counsel advising that [its product] did not infringe"
McZeal v. Sprint Nextel Corp.
501 F.3d 1354 (Fed. Cir. 2007) Cited 414 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
Vita-Mix Corp. v. Basic Holding
581 F.3d 1317 (Fed. Cir. 2009) Cited 305 times 3 Legal Analyses
Holding no contributory infringement as a matter of law because "the accused devices are indisputably capable of non-infringing use" and the patent owner could not show the use was insubstantial
Thinket Ink Information Resources, Inc. v. Sun Microsystems, Inc.
368 F.3d 1053 (9th Cir. 2004) Cited 334 times
Holding that the district properly dismissed the claims based “[a]lthough the Federal Arbitration Act ‘provides for a stay pending compliance with a contractual arbitration clause . . . a request for a stay is not mandatory'”
Q-Pharma, Inc. v. Andrew Jergens Co.
360 F.3d 1295 (Fed. Cir. 2004) Cited 154 times 2 Legal Analyses
Holding that the statement that "further pursuit of the lawsuit would not have been worth the investment" was not evidence of bad faith
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 361,619 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
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 163,952 times 197 Legal Analyses
Holding 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 37,400 times 150 Legal Analyses
Holding an "unrepresented party" to the same standard as an attorney
Section 271 - Infringement of patent
35 U.S.C. § 271 Cited 6,184 times 1084 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"

RPost Holdings, Inc. et al v. Goodmail Systems, Inc.

23 Cited authorities

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

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

Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

Holding that a complaint may not be amended by briefs in opposition to a motion to dismiss

Holding that "we see little evidentiary basis under Georgia-Pacific" for the damages award

Holding that the record supported jury verdict of no induced infringement where it showed defendant contacted an Australian attorney and "obtained letters from U.S. patent counsel advising that [its product] did not infringe"

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 no contributory infringement as a matter of law because "the accused devices are indisputably capable of non-infringing use" and the patent owner could not show the use was insubstantial

Holding that the district properly dismissed the claims based “[a]lthough the Federal Arbitration Act ‘provides for a stay pending compliance with a contractual arbitration clause . . . a request for a stay is not mandatory'”

Holding that the statement that "further pursuit of the lawsuit would not have been worth the investment" was not evidence of bad faith

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

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Holding an "unrepresented party" to the same standard as an attorney

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"