§Why CasetextPricing

Capcom Co. LTD. et al v. The MKR Group, Inc.

Memorandum of Points and Authorities in Opposition to Motion to Dismiss MKR's Amended Countercliams and Third Party Complaint re

61 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 279,746 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

  2. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 241,791 times   39 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

  3. Daubert v. Merrell Dow Pharmaceuticals, Inc.

    509 U.S. 579 (1993)   Cited 27,174 times   241 Legal Analyses
    Holding that a trial judge must ensure that all admitted expert testimony "is not only relevant, but reliable"

  4. Harlow v. Fitzgerald

    457 U.S. 800 (1982)   Cited 32,222 times   11 Legal Analyses
    Holding that public officials are entitled to a "qualified immunity" from "liability for civil damages insofar as their conduct does not violate clearly established . . . rights of which a reasonable person would have known"

  5. Scheuer v. Rhodes

    416 U.S. 232 (1974)   Cited 22,694 times   3 Legal Analyses
    Holding that executive branch officers had qualified immunity

  6. Feist Publications, Inc. v. Rural Tel. Service Co.

    499 U.S. 340 (1991)   Cited 3,557 times   45 Legal Analyses
    Holding "it is beyond dispute that compilations of facts are within the subject matter of copyright" even though "copyright protects only the author's original contributions—not the facts or information conveyed"

  7. Lee v. City of L.A.

    250 F.3d 668 (9th Cir. 2001)   Cited 11,023 times   5 Legal Analyses
    Holding that the district court erred in granting a motion to dismiss "by relying on extrinsic evidence and by taking judicial notice of disputed matters of fact to support its ruling"

  8. Dastar Corp. v. Twentieth Century Fox Film Corp.

    539 U.S. 23 (2003)   Cited 761 times   23 Legal Analyses
    Holding that federal trademark law helps assure the mark holder that it "will reap the financial, reputation-related rewards associated with a desirable product" rather than an imitator (quoting Qualitex Co. v. Jacobson Prods. Co. , 514 U.S. 159, 163–164, 115 S.Ct. 1300, 131 L.Ed.2d 248 (1995) )

  9. Harper & Row, Publishers, Inc. v. Nation Enterprises

    471 U.S. 539 (1985)   Cited 1,241 times   14 Legal Analyses
    Holding that if a new work "supersede the use of the original," it is probably not a fair use

  10. Galbraith v. County of Santa Clara

    307 F.3d 1119 (9th Cir. 2002)   Cited 2,929 times   1 Legal Analyses
    Holding that plaintiff's allegations that a coroner's knowingly or recklessly false statements led to his arrest and prosecution were sufficient to state a § 1983 claim

  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 361,353 times   960 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 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 336,952 times   161 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  13. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 163,831 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  14. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 29,751 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."

  15. Section 1125 - False designations of origin, false descriptions, and dilution forbidden

    15 U.S.C. § 1125   Cited 15,763 times   327 Legal Analyses
    Holding "the person who asserts trade dress protection has the burden of proving that the matter sought to be protected is not functional"

  16. Section 106 - Exclusive rights in copyrighted works

    17 U.S.C. § 106   Cited 3,915 times   109 Legal Analyses
    Granting the owners of copyrights in “literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works” the exclusive right “to display the copyrighted work publicly”

  17. Section 102 - Subject matter of copyright: In general

    17 U.S.C. § 102   Cited 2,302 times   121 Legal Analyses
    Granting protection to "literary works"

  18. Section 103 - Subject matter of copyright: Compilations and derivative works

    17 U.S.C. § 103   Cited 579 times   9 Legal Analyses
    Extending copyright protection to "compilations"