Motion To Dismiss Granted With Prejudice
Judge Albright granted the defendant’s motion to dismiss the plaintiff’s infringement claims with prejudice.
Twombly/Iqbal
Motion to dismiss indirect and contributory infringement claims
Another example of Twiqbal in the context of indirect infringement claims.
Trademarking Cheerleading Camps
My mother (center, bottom) spent most of the ’50s running cheerleading camps with somebody named “Herkie”. Apparently people still do that, and this generates lawsuits.
“Patently Implausible”
It is possible to plead yourself out of a patent infringement claim at the very beginning.
Tomato/Tomato
Sometimes courts view the outcome of Twombly/Iqbal analysis differently, as occurred here, but the outcome may still be the same.
Counterclaim and Affirmative Defenses Sufficiently Pleaded
When are pleadings safe from a Rule 12(b)(6) motion?
Dismissal of Patent Infringement and State-Law Counterclaims
This is another “they left my company and took our stuff with them” case, but with a twist.
Dismissal with leave to replead (if you really want to)
Reading while in a moving car gives me a sick feeling. Reading between the lines of this order does the same thing.
Early 101/FRCP 12(b)(6) Motion Practice
Defendants argued that the Plaintiff’s patent claims are invalid under 35 U.S.C. § 101 and that it failed to state a claim regarding its non-patent claims.
Parity – order on motion to dismiss
How do Twiqbal motions fare in River City? Inquiring (patent lawyer) minds want to know.