44 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 252,784 times 279 Legal Analyses
Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 266,697 times 365 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' "
In re Burlington Coat Factory
114 F.3d 1410 (3d Cir. 1997) Cited 7,651 times 4 Legal Analyses
Holding that a court may consider a "document integral to or explicitly relied upon in the complaint" when deciding a motion to dismiss
Pension Benefit Guaranty Corp. v. White Consolidated Industries, Inc.
998 F.2d 1192 (3d Cir. 1993) Cited 6,175 times
Holding that, when reviewing a motion to dismiss, courts consider "allegations contained in the complaint, exhibits attached to the complaint and matters of public record"
Frederico v. Home Depot
507 F.3d 188 (3d Cir. 2007) Cited 2,219 times 8 Legal Analyses
Holding a dismissal order "without prejudice" was a final order because the plaintiff elected to stand on her original complaint rather than amend or refile it
Great Western Mining v. Fox Rothschild
615 F.3d 159 (3d Cir. 2010) Cited 1,806 times
Holding that a § 1983 conspiracy claimant must assert facts from which a conspiratorial agreement can be inferred, not conclusory allegations
Verizon Comm. v. Law Offices of Trinko
540 U.S. 398 (2004) Cited 506 times 54 Legal Analyses
Holding even a monopolist has no duty to cooperate with rivals
In re Insurance Brokerage Antitrust Litigation
618 F.3d 300 (3d Cir. 2010) Cited 1,461 times 4 Legal Analyses
Holding that per se "hub and spoke" theory was not properly pled when complaint detailed specific agreements between multiple insurers and a single broker, but did not allege facts such that the court could infer that the insurers had agreed horizontally to enter into their respective agreements with the broker
Pac. Bell Tel. Co. v. Linkline Commc'ns, Inc.
555 U.S. 438 (2009) Cited 401 times 10 Legal Analyses
Holding "price-squeezing" claims not cognizable under the Sherman Act
Fed. Trade Comm'n v. Actavis, Inc.
570 U.S. 136 (2013) Cited 306 times 91 Legal Analyses
Holding that "reverse payment settlements . . . can sometimes violate the antitrust laws"
Rule 801 - Definitions That Apply to This Article; Exclusions from Hearsay
Fed. R. Evid. 801 Cited 19,107 times 75 Legal Analyses
Holding that such a statement must merely be made by the party and offered against that party
Section 271 - Infringement of patent
35 U.S.C. § 271 Cited 6,040 times 1050 Legal Analyses
Holding that testing is a "use"
Section 45 - Unfair methods of competition unlawful; prevention by Commission
15 U.S.C. § 45 Cited 3,854 times 558 Legal Analyses
Providing court-ordered monetary penalties against anyone who engages in conduct previously identified as prohibited in a final cease and desist order, but only if the violator acted with "actual knowledge that such act or practice is unfair or deceptive"
Section 355 - New drugs
21 U.S.C. § 355 Cited 2,245 times 337 Legal Analyses
Granting the court discretion to change the date on which an ANDA may be approved if "either party to the action failed to reasonably cooperate in expediting the action"
Section 331 - Prohibited acts
21 U.S.C. § 331 Cited 1,512 times 105 Legal Analyses
Prohibiting the sale of adulterated foods
Section 314.53 - Submission of patent information
21 C.F.R. § 314.53 Cited 89 times 51 Legal Analyses
Referring to "those patents that claim the drug product," and those "patents that claim the drug substance"

Federal Trade Commission v. Abbvie Inc et al

44 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

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' "

Holding that a court may consider a "document integral to or explicitly relied upon in the complaint" when deciding a motion to dismiss

Holding that, when reviewing a motion to dismiss, courts consider "allegations contained in the complaint, exhibits attached to the complaint and matters of public record"

Holding a dismissal order "without prejudice" was a final order because the plaintiff elected to stand on her original complaint rather than amend or refile it

Holding that a § 1983 conspiracy claimant must assert facts from which a conspiratorial agreement can be inferred, not conclusory allegations

Holding even a monopolist has no duty to cooperate with rivals

Holding "price-squeezing" claims not cognizable under the Sherman Act

Holding that "reverse payment settlements . . . can sometimes violate the antitrust laws"

Holding that such a statement must merely be made by the party and offered against that party

Holding that testing is a "use"

Providing court-ordered monetary penalties against anyone who engages in conduct previously identified as prohibited in a final cease and desist order, but only if the violator acted with "actual knowledge that such act or practice is unfair or deceptive"

Granting the court discretion to change the date on which an ANDA may be approved if "either party to the action failed to reasonably cooperate in expediting the action"

Prohibiting the sale of adulterated foods

Referring to "those patents that claim the drug product," and those "patents that claim the drug substance"