§Why CasetextPricing

ZitoVault, LLC v. International Business Machines Corporation et al

MOTION to Dismiss Plaintiff's Claims For Willful Infringement

12 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 267,100 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 280,127 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. Tellabs v. Makor Issues Rights

    551 U.S. 308 (2007)   Cited 9,561 times   105 Legal Analyses
    Holding that a strong inference is one that is "cogent and at least as compelling as any opposing inference"

  4. Funk v. Stryker Corp.

    631 F.3d 777 (5th Cir. 2011)   Cited 898 times   1 Legal Analyses
    Holding court lacked jurisdiction to consider district court's denial of plaintiff's postjudgment motions because he did not file an amended, or separate, notice of appeal

  5. In re Seagate Technology

    497 F.3d 1360 (Fed. Cir. 2007)   Cited 804 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 680 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. Sentry Protection Products, Inc. v. Eagle Manufacturing Co.

    400 F.3d 910 (Fed. Cir. 2005)   Cited 52 times
    Holding that the prosecution history may modify a claim term's scope if the patentee “expressly disclaimed” the prior art's subject matter

  8. Ideal Instruments v. Rivard Instruments

    434 F. Supp. 2d 598 (N.D. Iowa 2006)   Cited 24 times
    Holding statement made to third party that competitor was violating patent laws to be statement of fact

  9. Fairchild Semiconductor Corp. v. Power Integrations, Inc.

    935 F. Supp. 2d 772 (D. Del. 2013)   Cited 14 times   1 Legal Analyses
    Finding sufficient allegations that defendant, acting with knowledge of the patent-in-suit, included the infringing technology in a product which would then be used by customers

  10. Semiconductor Energy Laboratory Co. Ltd. v. Chi Mei Optoelectronics Corp.

    531 F. Supp. 2d 1084 (N.D. Cal. 2007)   Cited 19 times
    Holding that the jury should be permitted to consider "circumstantial evidence" of affirmative acts encouraging direct 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 361,853 times   961 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 164,069 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."