§Why CasetextPricing

Core Wireless Licensing S.a.r.l. v. Apple, Inc.

RESPONSE in Opposition re SEALED PATENT MOTION to Dismiss or Strike Plaintiff Core Wireless Licensing S.a.r.l.'s Counterclaims-in-Reply

18 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 271,409 times   281 Legal Analyses
    Holding that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 284,187 times   370 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

  3. Ramming v. U.S.

    281 F.3d 158 (5th Cir. 2001)   Cited 3,683 times
    Holding that a court ruling on a Rule 12(b) motion may evaluate “ the complaint alone, the complaint supplemented by undisputed facts evidenced in the record, or the complaint supplemented by undisputed facts plus the court's resolution of disputed facts”

  4. Wolcott v. Sebelius

    635 F.3d 757 (5th Cir. 2011)   Cited 1,051 times
    Holding "§ 405(h) does not preclude § 1361 jurisdiction"

  5. Gregson v. Zurich American Ins. Co.

    322 F.3d 883 (5th Cir. 2003)   Cited 149 times
    Holding workers' compensation claimant was not required to initiate and exhaust administrative procedures with TWC before bringing claims in court against insurer who had agreed to provide all necessary and reasonable medical coverage but then denied coverage for prescription medication incident to claimant's approved medical treatment; administrative review of insurer's denial of such treatment was not available under TWCA

  6. Mayo v. Hartford Life Ins. Co.

    354 F.3d 400 (5th Cir. 2004)   Cited 142 times   2 Legal Analyses
    Holding that an action seeking a constructive-trust remedy takes its statute of limitations from the underlying cause of action

  7. University of Co Found. v. Am. Cyanamid

    342 F.3d 1298 (Fed. Cir. 2003)   Cited 64 times
    Holding that unjust enrichment claims based on alleged wrongful use of confidential research results were not preempted by federal law

  8. T. J. Stevenson & Co. v. 81,193 Bags of Flour

    629 F.2d 338 (5th Cir. 1980)   Cited 79 times
    Holding that time charterer who operated a vessel owned by another had maritime lien for unpaid freight

  9. Ormet Primary Alum. v. Ballast Technologies

    436 F. App'x 297 (5th Cir. 2011)   Cited 18 times
    Concluding that an open account existed because there was an undetermined total

  10. Feed Management Systems, Inc. v. Brill

    518 F. Supp. 2d 1094 (D. Minn. 2007)   Cited 20 times
    Holding that "a counterclaim-in-reply [is] a proper pleading if it is a compulsory reply to a permissive counterclaim"

  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 366,511 times   968 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 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 96,185 times   94 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

  13. Rule 13 - Counterclaim and Crossclaim

    Fed. R. Civ. P. 13   Cited 5,054 times   22 Legal Analyses
    Determining whether counterclaims are compulsory