§Why CasetextPricing

Westech Aerosol Corporation v. Wilsonart Llc

Second MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM

24 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 262,920 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 276,185 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. Chavez v. United States

    683 F.3d 1102 (9th Cir. 2012)   Cited 773 times   1 Legal Analyses
    Holding that a Bivens action could be sustained against Border Patrol agents

  5. Lucent Technologies v. Gateway

    580 F.3d 1301 (Fed. Cir. 2009)   Cited 768 times   20 Legal Analyses
    Holding that "we see little evidentiary basis under Georgia-Pacific" for the damages award

  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 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

  7. I4I Ltd. Partnership v. Microsoft Corp.

    598 F.3d 831 (Fed. Cir. 2010)   Cited 655 times   5 Legal Analyses
    Holding that a party's quarrel with the facts the damages expert used go to the weight, not admissibility, of the expert's opinion

  8. Eclectic Properties East, LLC v. Marcus & Millichap Co.

    751 F.3d 990 (9th Cir. 2014)   Cited 470 times   1 Legal Analyses
    Holding that allegations are not plausible unless plaintiffs allege "facts tending to exclude the possibility that the [defendant's] explanation is true."

  9. OIP Technologies, Inc. v. Amazon.com, Inc.

    788 F.3d 1359 (Fed. Cir. 2015)   Cited 271 times   9 Legal Analyses
    Holding that a Section 101 inquiry is a question of law

  10. Mashiri v. Epsten Grinnell & Howell

    845 F.3d 984 (9th Cir. 2017)   Cited 235 times
    Holding that where the validation notice stated that a lien "will" be recorded if the consumer "fail[ed] to pay," "[t]he least sophisticated debtor would likely (and incorrectly) believe that even if she disputed the debt and [the debt collector] had not yet mailed verification of the debt to her, [the debt collector] would record a lien on the thirty-fifth day after the date of the letter"

  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 357,280 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 161,761 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. Section 271 - Infringement of patent

    35 U.S.C. § 271   Cited 6,139 times   1082 Legal Analyses
    Holding that testing is a "use"