107 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 270,095 times   367 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
  2. Swierkiewicz v. Sorema N.A.

    534 U.S. 506 (2002)   Cited 16,932 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"
  3. Hishon v. King Spalding

    467 U.S. 69 (1984)   Cited 12,476 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
  4. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 58,720 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"
  5. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,526 times   181 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"
  6. Phillips v. AWH Corp.

    415 F.3d 1303 (Fed. Cir. 2005)   Cited 5,742 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"
  7. Chambers v. Time Warner, Inc.

    282 F.3d 147 (2d Cir. 2002)   Cited 6,315 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"
  8. Graham v. John Deere Co.

    383 U.S. 1 (1966)   Cited 3,160 times   65 Legal Analyses
    Holding commercial success is a "secondary consideration" suggesting nonobviousness
  9. Dastar Corp. v. Twentieth Century Fox Film Corp.

    539 U.S. 23 (2003)   Cited 741 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) )
  10. N Y Univ v. Continental Ins Co.

    87 N.Y.2d 308 (N.Y. 1995)   Cited 1,913 times   5 Legal Analyses
    Holding that allegations Of breach of contract "and any covenants implied" do not sound in fraud
  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 349,819 times   936 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 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 158,269 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Rule 26 - Duty to Disclose; General Provisions Governing Discovery

    Fed. R. Civ. P. 26   Cited 96,490 times   665 Legal Analyses
    Adopting Fed.R.Civ.P. 37
  14. Rule 28 - Persons Before Whom Depositions May Be Taken

    Fed. R. Civ. P. 28   Cited 18,451 times   7 Legal Analyses
    Requiring appellant's argument to contain citations to authorities
  15. Rule 1 - Scope and Purpose

    Fed. R. Civ. P. 1   Cited 15,238 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"
  16. Rule 42 - Consolidation; Separate Trials

    Fed. R. Civ. P. 42   Cited 9,332 times   24 Legal Analyses
    Granting court's authority to consolidate related cases or "issue any other orders to avoid unnecessary cost or delay."
  17. Section 1338 - Patents, plant variety protection, copyrights, mask works, designs, trademarks, and unfair competition

    28 U.S.C. § 1338   Cited 5,432 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"
  18. Section 349 - Deceptive acts and practices unlawful

    N.Y. Gen. Bus. Law § 349   Cited 4,859 times   107 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"
  19. Section 282 - Presumption of validity; defenses

    35 U.S.C. § 282   Cited 3,907 times   139 Legal Analyses
    Granting a presumption of validity to patents
  20. Section 101 - Inventions patentable

    35 U.S.C. § 101   Cited 3,433 times   2209 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."