8 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 256,412 times   280 Legal Analyses
    Holding for a complaint to survive Rule 12(b), it must "state a claim to relief that is plausible on its face"
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 270,095 times   367 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
  3. McZeal v. Sprint Nextel Corp.

    501 F.3d 1354 (Fed. Cir. 2007)   Cited 411 times   12 Legal Analyses
    Holding that a direct infringement claim made in accordance with Form 16 (now Form 18) of the Federal Rules of Civil Procedure meets the Twombly pleading standard
  4. Q-Pharma, Inc. v. Andrew Jergens Co.

    360 F.3d 1295 (Fed. Cir. 2004)   Cited 151 times   2 Legal Analyses
    Holding that the statement that "further pursuit of the lawsuit would not have been worth the investment" was not evidence of bad faith
  5. Ricoh Co., Ltd. v. Asustek Computer, Inc.

    481 F. Supp. 2d 954 (W.D. Wis. 2007)   Cited 17 times
    Noting that “such a forced and artificial exercise cannot provide the basis for personal jurisdiction”
  6. Anticancer Inc. v. Xenogen Corp.

    248 F.R.D. 278 (S.D. Cal. 2007)   Cited 16 times
    Holding Twombly's plausibility standard applies to claims, counterclaims, cross-claims, and third-party claims
  7. 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 349,819 times   936 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  8. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 158,269 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."