74 Cited authorities

  1. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 59,323 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"
  2. Foman v. Davis

    371 U.S. 178 (1962)   Cited 29,749 times   4 Legal Analyses
    Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal
  3. Medimmune, Inc. v. GenenTech, Inc.

    549 U.S. 118 (2007)   Cited 2,653 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"
  4. Eastman Kodak Co. v. Image Technical Services, Inc.

    504 U.S. 451 (1992)   Cited 2,330 times   17 Legal Analyses
    Holding that "it is clearly reasonable to infer that [the defendant] has market power to raise prices and drive out competition in the aftermarkets" for service and parts despite an undisputed lack of market power in the initial product
  5. Eminence Capital, LLC v. Aspeon, Inc.

    316 F.3d 1048 (9th Cir. 2003)   Cited 5,138 times   1 Legal Analyses
    Holding that the district court abused its discretion because "[d]ismissal with prejudice and without leave to amend is not appropriate unless it is clear on de novo review that the complaint could not be saved by amendment"
  6. Zenith Corp. v. Hazeltine

    395 U.S. 100 (1969)   Cited 2,494 times   7 Legal Analyses
    Holding that the district court erred when it enjoined a nonparty that was never determined to be in active concert with a defendant
  7. Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co.

    20 Cal.4th 163 (Cal. 1999)   Cited 2,481 times   22 Legal Analyses
    Holding that for an act to be "unfair," it must "threaten" a violation of law or "violate the policy or spirit of one of those laws because its effects are comparable to or the same as a violation of the law"
  8. Owens v. Kaiser Found. Health Plan, Inc.

    244 F.3d 708 (9th Cir. 2001)   Cited 1,985 times   1 Legal Analyses
    Holding that defendant was not estopped from raising untimely res judicata defense
  9. Brown Shoe Co. v. United States

    370 U.S. 294 (1962)   Cited 1,851 times   34 Legal Analyses
    Holding judgment final and appealable where district court passed on every prayer for relief in the complaint and ordered full divestiture of stock, although court had not yet approved a divestiture plan
  10. Korea Supply Co. v. Lockheed Martin Corp.

    29 Cal.4th 1134 (Cal. 2003)   Cited 1,704 times   17 Legal Analyses
    Holding that plaintiff cannot recover damages under Cal. Bus. Prof. Code § 17200 unless plaintiff has "an ownership interest in the money it seeks to recover"
  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 163,896 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  12. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 40,128 times   335 Legal Analyses
    Requiring that fraud be pleaded with particularity
  13. Section 17200 - Unfair competition defined

    Cal. Bus. & Prof. Code § 17200   Cited 18,400 times   316 Legal Analyses
    Prohibiting unlawful business practices
  14. Rule 19 - Required Joinder of Parties

    Fed. R. Civ. P. 19   Cited 9,794 times   55 Legal Analyses
    Holding a person must be joined if disposing the action in the person's absence may leave an existing party subject to a "substantial" risk of incurring inconsistent obligations
  15. Section 702 - Right of review

    5 U.S.C. § 702   Cited 7,257 times   31 Legal Analyses
    Granting judicial review of "agency action"
  16. Section 1498 - Patent and copyright cases

    28 U.S.C. § 1498   Cited 512 times   97 Legal Analyses
    Granting the United States Court of Federal Claims jurisdiction to adjudicate patent infringement suits against the federal government under a takings theory
  17. Section 207 - Domestic and foreign protection of federally owned inventions

    35 U.S.C. § 207   Cited 8 times   2 Legal Analyses

    (a) Each Federal agency is authorized to- (1) apply for, obtain, and maintain patents or other forms of protection in the United States and in foreign countries on inventions in which the Federal Government owns a right, title, or interest; (2) grant nonexclusive, exclusive, or partially exclusive licenses under federally owned inventions, royalty-free or for royalties or other consideration, and on such terms and conditions, including the grant to the licensee of the right of enforcement pursuant