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Trover Group, Inc. et al v. Panasonic Corp. of North America

MOTION to Dismiss Claims of Indirect Patent Infringement

28 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 263,477 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 276,716 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

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

    563 U.S. 754 (2011)   Cited 829 times   66 Legal Analyses
    Holding that a finding of deliberate ignorance requires the defendant to "take deliberate actions to avoid learning of [wrongdoing]."

  4. Sony Corp. v. Universal City Studios, Inc.

    464 U.S. 417 (1984)   Cited 984 times   28 Legal Analyses
    Holding identical copying of videotapes under unique circumstances of case “[did] not have its ordinary effect of militating against a finding of fair use”

  5. 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 674 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

  6. DSU Medical Corp. v. JMS Co.

    471 F.3d 1293 (Fed. Cir. 2006)   Cited 523 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"

  7. Aro Manufacturing Co. v. Convertible Top Replacement Co.

    377 U.S. 476 (1964)   Cited 413 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"

  8. Vita-Mix Corp. v. Basic Holding

    581 F.3d 1317 (Fed. Cir. 2009)   Cited 302 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

  9. Symantec v. Computer Assoc

    522 F.3d 1279 (Fed. Cir. 2008)   Cited 222 times   1 Legal Analyses
    Holding that evidence of discussions between named inventor and putative co-inventor concerning subject matter of claimed invention was insufficient to establish co-inventorship

  10. Ricoh Co. v. Quanta Computer Inc.

    550 F.3d 1325 (Fed. Cir. 2009)   Cited 209 times   3 Legal Analyses
    Holding that a party that sells or offers to sell software containing instructions to perform the patented method does not infringe the patent under § 271

  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 357,835 times   950 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 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 162,084 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 29,431 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."

  14. Section 271 - Infringement of patent

    35 U.S.C. § 271   Cited 6,140 times   1083 Legal Analyses
    Holding that testing is a "use"

  15. Section 154 - Contents and term of patent; provisional rights

    35 U.S.C. § 154   Cited 774 times   270 Legal Analyses
    Granting twenty years for utility patents