30 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 280,127 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
Medimmune, Inc. v. GenenTech, Inc.
549 U.S. 118 (2007) Cited 2,658 times 91 Legal Analyses
Holding "the phrase 'case of actual controversy' in the Act refers to the types of 'Cases' and 'Controversies' that are justiciable under Article III"
Ass'n for Molecular Pathology v. Myriad Genetics, Inc.
569 U.S. 576 (2013) Cited 461 times 148 Legal Analyses
Holding that "a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated"
Jones v. GNC Franchising, Inc.
211 F.3d 495 (9th Cir. 2000) Cited 1,640 times 5 Legal Analyses
Holding the same in context of forum-selection-clause prohibition in California's franchise statute
Gompper v. Visx, Inc.
298 F.3d 893 (9th Cir. 2002) Cited 749 times 2 Legal Analyses
Holding that leave to amend need not be granted if it would be "a futile exercise"
McZeal v. Sprint Nextel Corp.
501 F.3d 1354 (Fed. Cir. 2007) Cited 414 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
Prasco, LLC v. Medicis Pharmaceutical Corp.
537 F.3d 1329 (Fed. Cir. 2008) Cited 302 times 6 Legal Analyses
Holding that one prior lawsuit concerning different products, without more, was not sufficient to sustain an actual controversy
Micron v. Mosaid
518 F.3d 897 (Fed. Cir. 2008) Cited 202 times 1 Legal Analyses
Holding that, under Medlmmune, declaratory judgment jurisdiction existed based on a cease and desist letter plus defendant's suits against other manufacturers
Societe de Conditionnement en Aluminium v. Hunter Engineering Co., Inc.
655 F.2d 938 (9th Cir. 1981) Cited 280 times
Holding that an "actual threat of litigation" is not required to establish standing; instead, a plaintiff must only meet the "much lower threshhold" of having "a real and reasonable apprehension" of litigation
Polich v. Burlington Northern, Inc.
942 F.2d 1467 (9th Cir. 1991) Cited 167 times
Holding that dismissal with prejudice is proper when “it is clear, upon de novo review, that the complaint could not be saved by any amendment”
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 361,853 times 961 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 164,067 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 1404 - Change of venue
28 U.S.C. § 1404 Cited 29,316 times 192 Legal Analyses
Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR

Counsyl, Inc v. Myriad Genetics, Inc

30 Cited authorities

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 "the phrase 'case of actual controversy' in the Act refers to the types of 'Cases' and 'Controversies' that are justiciable under Article III"

Holding that "a naturally occurring DNA segment is a product of nature and not patent eligible merely because it has been isolated"

Holding the same in context of forum-selection-clause prohibition in California's franchise statute

Holding that leave to amend need not be granted if it would be "a futile exercise"

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 one prior lawsuit concerning different products, without more, was not sufficient to sustain an actual controversy

Holding that, under Medlmmune, declaratory judgment jurisdiction existed based on a cease and desist letter plus defendant's suits against other manufacturers

Holding that an "actual threat of litigation" is not required to establish standing; instead, a plaintiff must only meet the "much lower threshhold" of having "a real and reasonable apprehension" of litigation

Holding that dismissal with prejudice is proper when “it is clear, upon de novo review, that the complaint could not be saved by any amendment”

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. . . ."

Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR