9 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 195,191 times   262 Legal Analyses
    Holding that the sufficiency of the allegations is a legal question so appellate courts have jurisdiction to consider it on appeal from denial of qualified immunity
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 209,562 times   342 Legal Analyses
    Holding that conclusory allegations that the defendants acted unlawfully were insufficient to state a claim
  3. American Video Graphics v. Electronic Arts

    359 F. Supp. 2d 558 (E.D. Tex. 2005)   Cited 48 times
    Holding that plaintiff must supplement its initial charts with "specific references to the source code" once the defendant had provided plaintiff with the source code
  4. Gen-Probe, Inc. v. Amoco Corp., Inc.

    926 F. Supp. 948 (S.D. Cal. 1996)   Cited 57 times
    Holding that "confusion of which claims apply to which defendants would require that the complaint be dismissed"
  5. Elan Microelectronics Corp. v. Apple, Inc.

    No. C 09-01531 RS (N.D. Cal. Sep. 14, 2009)   Cited 21 times   1 Legal Analyses
    Holding on a motion to dismiss that it is insufficient to generally allege that "there may or may not be infringement, we need further discovery to find out" or that a party "believes there is infringement and is making that factual contention, but needs discovery to gather evidentiary support for the contention"
  6. Realtime Data, LLC v. Stanley

    721 F. Supp. 2d 538 (E.D. Tex. 2010)   Cited 11 times
    Granting a motion to dismiss where plaintiff only alleged mere knowledge and possibility that discovery could produce evidence of reckless behavior
  7. 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 267,561 times   779 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  8. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 122,224 times   187 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  9. Section 271 - Infringement of patent

    35 U.S.C. § 271   Cited 5,380 times   959 Legal Analyses
    Holding that testing is a "use"