28 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 263,477 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 276,716 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
Scheuer v. Rhodes
416 U.S. 232 (1974) Cited 22,583 times 3 Legal Analyses
Holding that executive branch officers had qualified immunity
Taylor v. Books a Million, Inc.
296 F.3d 376 (5th Cir. 2002) Cited 1,879 times 1 Legal Analyses
Holding plaintiffs in Title VII cases "must exhaust administrative remedies before pursuing claims in federal court"
Sinaltrainal v. Coca-Cola Co.
578 F.3d 1252 (11th Cir. 2009) Cited 1,189 times 4 Legal Analyses
Holding that a complaint fails to state a claim unless the well-pled factual allegations of the complaint nudge the claims across the line from conceivable to plausible
Financial Sec. v. Stephens, Inc.
500 F.3d 1276 (11th Cir. 2007) Cited 634 times
Holding that it is appropriate to consider a document attached to a motion to dismiss when "a plaintiff refers to a document in its complaint, the document is central to its claim, its contents are not in dispute, and the defendant attaches the document to its motion to dismiss"
O2 Micro Intern. v. Monolithic Power Sys
467 F.3d 1355 (Fed. Cir. 2006) Cited 623 times 3 Legal Analyses
Holding that diligence must be considered in determining whether good cause exists to amend infringement contentions
DSU Medical Corp. v. JMS Co.
471 F.3d 1293 (Fed. Cir. 2006) Cited 523 times 27 Legal Analyses
Holding that the record supported jury verdict of no induced infringement where it showed defendant contacted an Australian attorney and "obtained letters from U.S. patent counsel advising that [its product] did not infringe"
McZeal v. Sprint Nextel Corp.
501 F.3d 1354 (Fed. Cir. 2007) Cited 412 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
U.S. v. Baxter Intern., Inc.
345 F.3d 866 (11th Cir. 2003) Cited 395 times
Holding that, under MSP, " any payment that Medicare does make is secondary and is subject to reimbursement from sources of primary coverage under the statute," regardless of whether those sources can be expected to pay promptly
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 357,835 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
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 162,084 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 39,880 times 331 Legal Analyses
Requiring that fraud be pleaded with particularity
Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions
Fed. R. Civ. P. 11 Cited 37,026 times 148 Legal Analyses
Holding an "unrepresented party" to the same standard as an attorney
Section 112 - Specification
35 U.S.C. § 112 Cited 7,348 times 1044 Legal Analyses
Requiring patent applications to include a "specification" that provides, among other information, a written description of the invention and of the manner and process of making and using it
Section 284 - Damages
35 U.S.C. § 284 Cited 2,116 times 198 Legal Analyses
Granting "interest and costs as fixed by the court"
Rule 84 - Abrogated (Apr. 29, 2015, eff. Dec. 1, 2015).
Fed. R. Civ. P. 84 Cited 1,037 times 7 Legal Analyses
Explaining that the appended forms "are sufficient under the rules and are intended to indicate the simplicity and brevity of statement which the rules contemplate"
Section 287 - Limitation on damages and other remedies; marking and notice
35 U.S.C. § 287 Cited 778 times 94 Legal Analyses
Limiting liability of medical practitioners for performance of certain medical and surgical procedures

Aspex Eyewear, Inc. et al v. Hardy Life, LLC et al

28 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

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

Holding that executive branch officers had qualified immunity

Holding plaintiffs in Title VII cases "must exhaust administrative remedies before pursuing claims in federal court"

Holding that a complaint fails to state a claim unless the well-pled factual allegations of the complaint nudge the claims across the line from conceivable to plausible

Holding that it is appropriate to consider a document attached to a motion to dismiss when "a plaintiff refers to a document in its complaint, the document is central to its claim, its contents are not in dispute, and the defendant attaches the document to its motion to dismiss"

Holding that diligence must be considered in determining whether good cause exists to amend infringement contentions

Holding that the record supported jury verdict of no induced infringement where it showed defendant contacted an Australian attorney and "obtained letters from U.S. patent counsel advising that [its product] did not infringe"

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

Holding that, under MSP, " any payment that Medicare does make is secondary and is subject to reimbursement from sources of primary coverage under the statute," regardless of whether those sources can be expected to pay promptly

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Requiring that fraud be pleaded with particularity

Holding an "unrepresented party" to the same standard as an attorney

Requiring patent applications to include a "specification" that provides, among other information, a written description of the invention and of the manner and process of making and using it

Granting "interest and costs as fixed by the court"

Explaining that the appended forms "are sufficient under the rules and are intended to indicate the simplicity and brevity of statement which the rules contemplate"

Limiting liability of medical practitioners for performance of certain medical and surgical procedures