9 Cited authorities

Landis v. North American Co.
299 U.S. 248 (1936) Cited 8,463 times 6 Legal Analyses
Holding that a decision to stay proceedings "calls for the exercise of judgment, which must weigh competing interests and maintain an even balance"
Ascii Corp. v. STD Entertainment USA, Inc.
844 F. Supp. 1378 (N.D. Cal. 1994) Cited 145 times 1 Legal Analyses
Finding stay was justified because if claims were cancelled in reexamination then the need to try the infringement issue would be eliminated
Stauffer v. Brooks Bros., Inc.
615 F. Supp. 2d 248 (S.D.N.Y. 2009) Cited 11 times 1 Legal Analyses
Granting Motion to Dismiss and concluding that qui tam plaintiff failed to meet Article III standing requirements in absence of allegation of specific causally-connected injury to either individual competitor or some aspect of United States economy
Pequignot v. Solo Cup Co.
646 F. Supp. 2d 790 (E.D. Va. 2009) Cited 4 times 2 Legal Analyses
No. 1:07cv897 (LMB/TCB). August 25, 2009 Mia Kathryn Poston, Pequignot Myers LLC, Ellen D. Marcus, Zuckerman Spaeder LLP, Washington, DC, for Plaintiff. Mary Catherine Zinsner, Syed Mohsin Reza, Troutman Sanders LLP, McLean, VA, for Defendant. MEMORANDUM OPINION LEONIE BRINKEMA, District Judge Before the Court are the parties' cross-motions for summary judgment. For the reasons stated in open court, as supplemented by this Memorandum Opinion, defendant's motion has been granted, and plaintiff's motion
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 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 160,289 times 196 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 39,551 times 328 Legal Analyses
Requiring that fraud be pleaded with particularity
Section 1927 - Counsel's liability for excessive costs
28 U.S.C. § 1927 Cited 8,937 times 81 Legal Analyses
Granting courts the power to charge "excess costs, expenses, and attorneys' fees reasonably incurred" due to "unreasonabl[e] and vexatious" conduct
Section 292 - False marking
35 U.S.C. § 292 Cited 566 times 61 Legal Analyses
Providing cause of action and share of recovery against a person falsely marking patented articles

San Francisco Technology, Inc. v. The Glad Products Company et al

9 Cited authorities

Holding that a decision to stay proceedings "calls for the exercise of judgment, which must weigh competing interests and maintain an even balance"

Finding stay was justified because if claims were cancelled in reexamination then the need to try the infringement issue would be eliminated

Granting Motion to Dismiss and concluding that qui tam plaintiff failed to meet Article III standing requirements in absence of allegation of specific causally-connected injury to either individual competitor or some aspect of United States economy

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. . . ."

Requiring that fraud be pleaded with particularity

Granting courts the power to charge "excess costs, expenses, and attorneys' fees reasonably incurred" due to "unreasonabl[e] and vexatious" conduct

Providing cause of action and share of recovery against a person falsely marking patented articles