McZeal v. Sprint Nextel Corp.

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

ACCO Brands, Inc. v. ABA Locks Mfr. Co.

Holding that the patent owner must show actual infringement, rather than just the capability to infringe

Golden Blount, Inc. v. Robert H. Peterson

Holding that the burden of persuasion is on the plaintiff

Novartis Pharmaceuticals Corp. v. Eon Labs Manufacturing, Inc.

Holding that a particulate dispersion inside the body cannot infringe under the doctrine of equivalents because it would vitiate the claimed requirement that the dispersion be prepared outside the body

Colida v. Nokia

Finding district court properly granted Nokia's motion to dismiss where Colida's infringement claims were facially implausible and provided the district court with no basis upon which to reasonably infer the ordinary observer would confuse plaintiff's patent design with Nokia's phone where the dissimilarities between the two far exceed the similarities

Elan Microelectronics Corp. v. Apple, Inc.

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"

Clear with Computers, LLC v. Bergdorf Goodman, Inc.

Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

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

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