107 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 273,590 times 368 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
Swierkiewicz v. Sorema N.A.
534 U.S. 506 (2002) Cited 17,065 times 20 Legal Analyses
Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"
Hishon v. King Spalding
467 U.S. 69 (1984) Cited 12,518 times 7 Legal Analyses
Holding Title VII applies to selection for non-employee positions if consideration for that position can be regarded as one of "terms, conditions, or privileges of employment" of a covered job
Conley v. Gibson
355 U.S. 41 (1957) Cited 58,952 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"
KSR International Co. v. Teleflex Inc.
550 U.S. 398 (2007) Cited 1,536 times 183 Legal Analyses
Holding that, in an obviousness analysis, "[r]igid preventative rules that deny factfinders recourse to common sense, however, are neither necessary under our case law nor consistent with it"
Phillips v. AWH Corp.
415 F.3d 1303 (Fed. Cir. 2005) Cited 5,776 times 164 Legal Analyses
Holding that "because extrinsic evidence can help educate the court regarding the field of the invention and can help the court determine what a person of ordinary skill in the art would understand claim terms to mean, it is permissible for the district court in its sound discretion to admit and use such evidence"
Chambers v. Time Warner, Inc.
282 F.3d 147 (2d Cir. 2002) Cited 6,388 times 5 Legal Analyses
Holding extrinsic materials were not "integral" to the complaint because the complaint "d[id] not refer to the[m]" and "plaintiffs apparently did not rely on them in drafting it"
Dastar Corp. v. Twentieth Century Fox Film Corp.
539 U.S. 23 (2003) Cited 751 times 20 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) )
Graham v. John Deere Co.
383 U.S. 1 (1966) Cited 3,167 times 66 Legal Analyses
Holding commercial success is a "secondary consideration" suggesting nonobviousness
N Y Univ v. Continental Ins Co.
87 N.Y.2d 308 (N.Y. 1995) Cited 1,921 times 5 Legal Analyses
Holding that allegations Of breach of contract "and any covenants implied" do not sound in fraud
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 354,229 times 943 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 160,289 times 196 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 26 - Duty to Disclose; General Provisions Governing Discovery
Fed. R. Civ. P. 26 Cited 97,825 times 674 Legal Analyses
Adopting Fed.R.Civ.P. 37
Rule 28 - Persons Before Whom Depositions May Be Taken
Fed. R. Civ. P. 28 Cited 18,566 times 7 Legal Analyses
Requiring appellant's argument to contain citations to authorities
Rule 1 - Scope and Purpose
Fed. R. Civ. P. 1 Cited 15,441 times 49 Legal Analyses
Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"
Rule 42 - Consolidation; Separate Trials
Fed. R. Civ. P. 42 Cited 9,422 times 24 Legal Analyses
Granting court's authority to consolidate related cases or "issue any other orders to avoid unnecessary cost or delay."
Section 1338 - Patents, plant variety protection, copyrights, mask works, designs, trademarks, and unfair competition
28 U.S.C. § 1338 Cited 5,467 times 71 Legal Analyses
Granting exclusive jurisdiction to the district courts "of any civil action arising under any Act of Congress relating to patents, . . . copyrights and trademarks"
Section 349 - Deceptive acts and practices unlawful
N.Y. Gen. Bus. Law § 349 Cited 4,908 times 108 Legal Analyses
Granting "any person who has been injured by reason of any violation of this section" the right to "bring an action in his own name"
Section 282 - Presumption of validity; defenses
35 U.S.C. § 282 Cited 3,920 times 139 Legal Analyses
Granting a presumption of validity to patents
Section 101 - Inventions patentable
35 U.S.C. § 101 Cited 3,465 times 2245 Legal Analyses
Defining patentable subject matter as "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof."

Edge Capture L.L.C. et al v. Lehman Brothers Holdings Inc. et al

107 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 with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"

Holding Title VII applies to selection for non-employee positions if consideration for that position can be regarded as one of "terms, conditions, or privileges of employment" of a covered job

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"

Holding that, in an obviousness analysis, "[r]igid preventative rules that deny factfinders recourse to common sense, however, are neither necessary under our case law nor consistent with it"

Holding extrinsic materials were not "integral" to the complaint because the complaint "d[id] not refer to the[m]" and "plaintiffs apparently did not rely on them in drafting it"

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) )

Holding commercial success is a "secondary consideration" suggesting nonobviousness

Holding that allegations Of breach of contract "and any covenants implied" do not sound in fraud

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. . . ."

Adopting Fed.R.Civ.P. 37

Requiring appellant's argument to contain citations to authorities

Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"

Granting court's authority to consolidate related cases or "issue any other orders to avoid unnecessary cost or delay."

Granting exclusive jurisdiction to the district courts "of any civil action arising under any Act of Congress relating to patents, . . . copyrights and trademarks"

Granting "any person who has been injured by reason of any violation of this section" the right to "bring an action in his own name"

Granting a presumption of validity to patents

Defining patentable subject matter as "any new and useful process, machine, manufacture, or composition of matter, or any new and useful improvement thereof."