14 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
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 273,590 times 368 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 58,952 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"
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]."
In re Seagate Technology
497 F.3d 1360 (Fed. Cir. 2007) Cited 801 times 86 Legal Analyses
Holding 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
Aro Manufacturing Co. v. Convertible Top Replacement Co.
377 U.S. 476 (1964) Cited 412 times 13 Legal Analyses
Holding that contributory infringement under 35 U.S.C. § 271(c) "require a showing that the alleged contributory infringer knew that the combination for which his component was especially designed was both patented and infringing"
Warner-Lambert Co. v. Apotex Corp.
316 F.3d 1348 (Fed. Cir. 2003) Cited 250 times 22 Legal Analyses
Finding 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."
Zuk v. E. Pa. Psychiatric Inst.
103 F.3d 294 (3d Cir. 1996) Cited 187 times
Holding that § 1927 award is unavailable for failing to adequately investigate the facts and law prior to filing a complaint
Elan Microelectronics Corp. v. Apple, Inc.
No. C 09-01531 RS (N.D. Cal. Sep. 14, 2009) Cited 22 times
Holding on a motion to dismiss that it is insufficient to generally allege that "there may or may not be infringement, we need further discovery to find out" or that a party "believes there is infringement and is making that factual contention, but needs discovery to gather evidentiary support for the contention"
Bay Industries, Inc. v. Tru-Arx Manufacturing, LLC
Case No. 06-C-1010 (E.D. Wis. Nov. 29, 2006) Cited 11 times
Granting motion for more definite statement where "none of the allegedly infringing products are specifically identified"
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 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions
Fed. R. Civ. P. 11 Cited 36,629 times 145 Legal Analyses
Holding an "unrepresented party" to the same standard as an attorney
Section 271 - Infringement of patent
35 U.S.C. § 271 Cited 6,113 times 1078 Legal Analyses
Holding that testing is a "use"

Sandisk Corporation v. Round Rock Research LLC

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

Holding 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

Holding that contributory infringement under 35 U.S.C. § 271(c) "require a showing that the alleged contributory infringer knew that the combination for which his component was especially designed was both patented and infringing"

Finding 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."

Holding that § 1927 award is unavailable for failing to adequately investigate the facts and law prior to filing a complaint

Granting motion for more definite statement where "none of the allegedly infringing products are specifically identified"

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"