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· 10/15/2013

Swims v. United States

Citations

  • 134 S. Ct. 420
  • 187 L. Ed. 2d 280
  • 82 U.S.L.W. 3214
  • 571 U.S. 952
  • 2013 WL 2370507
  • 2013 U.S. LEXIS 7494

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • finding allegation that defendant advertised allegedly infringing products to customers along with cease-and-desist letter showing defendant’s knowledge of patents stated a claim
  • pleadings conforming to the Forms are sufficient to state a claim even when they do not meet the Twombly standard
  • denying motion to dismiss when the pleadings included advertisements that specifically touted the ability of the accused products to perform the same functions as disclosed in the patent
  • “There can be no inducement or contributory infringement without an underlying act of direct infringement.”
  • \It is axiomatic that '[t]here can be no inducement or contributory infringement without an underlying act of direct infringement.' \
  • “Because the amended complaints actually make clear on their face that Appellees’ products do have substantial non-infringing uses, R+L has not stated a claim ”

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.