25 Cited authorities

  1. 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
  2. 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
  3. Global-Tech Appliances, Inc. v. Seb S. A.

    563 U.S. 754 (2011)   Cited 820 times   66 Legal Analyses
    Holding that a finding of deliberate ignorance requires the defendant to "take deliberate actions to avoid learning of [wrongdoing]."
  4. Norris v. Hearst Trust

    500 F.3d 454 (5th Cir. 2007)   Cited 976 times   1 Legal Analyses
    Holding plaintiffs lacked standing because they were "neither consumers nor competitors in the market attempted to be constrained"
  5. 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
  6. R+L Carriers, Inc. v. Drivertech LLC (In re Bill of Lading Transmission & Processing Sys. Patent Litig.)

    681 F.3d 1323 (Fed. Cir. 2012)   Cited 666 times   13 Legal Analyses
    Holding that pleading "the process for" using the accused product in an infringing way "has no other substantial non-infringing use" is not the same as pleading the accused product contains a component that can only infringe, and therefore fails to state a claim for contributory infringement
  7. City of Clinton, Ark. v. Pilgrim's Pride Corp.

    632 F.3d 148 (5th Cir. 2010)   Cited 604 times
    Noting that federal pleading rules apply in diversity cases
  8. NTP, Inc. v. Research in Motion, Ltd.

    418 F.3d 1282 (Fed. Cir. 2005)   Cited 462 times   16 Legal Analyses
    Holding that users of accused system could not infringe method claims in the United States because one step of the method was performed in Canada
  9. Wilson v. Birnberg

    667 F.3d 591 (5th Cir. 2012)   Cited 324 times
    Holding that prospective candidate whose name was not placed on ballot did not have a property interest in public office protected by procedural due process
  10. Cross Med Prod v. Medtronic Sofamor Danek

    424 F.3d 1293 (Fed. Cir. 2005)   Cited 351 times   4 Legal Analyses
    Holding that there can be no direct infringement of a product claim where surgeons, and not the defendant, made the claimed apparatus in the operating room, and remanding to determine whether the surgeons directly infringed such that Medtronic could be held liable for indirect infringement
  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 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
  12. 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
  13. Section 271 - Infringement of patent

    35 U.S.C. § 271   Cited 6,113 times   1078 Legal Analyses
    Holding that testing is a "use"