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Immunomedics, Inc. v. The Board of Directors of Roger Williams Medical Center et al

REPLY BRIEF to Opposition to Motion

15 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 253,227 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

  2. Merck KGaA v. Integra Lifesciences I, Ltd.

    545 U.S. 193 (2005)   Cited 100 times   31 Legal Analyses
    Holding that uses which are not ultimately included in a submission to the FDA are nonetheless exempted by the safe harbor

  3. Leveto v. Lapina

    258 F.3d 156 (3d Cir. 2001)   Cited 296 times
    Holding that Summers exception did not apply where IRS agents detained defendant for eight hours, only permitted him supervised visits to the restroom, restricted him from communicating with others, and required him to ride with the agents to his home and then back to his office

  4. In re Adams Golf, Inc.

    381 F.3d 267 (3d Cir. 2004)   Cited 184 times
    Holding that the district court did not abuse its discretion in denying leave to amend because the “new allegations consist ... [of] facts not necessarily curative of the pleading problems at issue.”

  5. CPS MedManagement LLC v. Bergen Reg'l Med. Ctr., L.P.

    940 F. Supp. 2d 141 (D.N.J. 2013)   Cited 80 times
    Finding venue proper under 28 U.S.C. § 1391 where a substantial part of the events and omissions underlying the plaintiff's claims occurred in New Jersey

  6. Callano v. Oakwood Park Homes Corp.

    91 N.J. Super. 105 (App. Div. 1966)   Cited 192 times   1 Legal Analyses
    Holding that “quasi-contract cases involve either some direct relationship between the parties or a mistake on the part of the person conferring the benefit” and therefore “ plaintiff is not entitled to employ the legal fiction of quasi-contract to substitute one promisor or debtor for another.”

  7. Proveris Scientific v. Innovasystems

    536 F.3d 1256 (Fed. Cir. 2008)   Cited 48 times   13 Legal Analyses
    Holding the district court did not abuse its discretion "in requiring [the party asserting invalidity] to present expert testimony in order to establish invalidity" because the technology was "sufficiently complex to fall beyond the grasp of an ordinary layperson."

  8. Baxter Healthcare Corp. v. HQ Specialty Pharma Corp.

    157 F. Supp. 3d 407 (D.N.J. 2016)   Cited 25 times
    Finding a defendant's knowledge that an employee was previously employed by plaintiff and involved with developing plaintiff's trade secrets sufficient evidence to create a material dispute of fact

  9. N.J. Physicians United Reciprocal Exch. v. Boynton & Boynton, Inc.

    141 F. Supp. 3d 298 (D.N.J. 2015)   Cited 21 times
    Finding contract adequately alleged where plaintiff identified particular specific relationships disrupted by defendant's conduct

  10. Integra Lifesciences I, Ltd. v. Merck KGaA

    496 F.3d 1334 (Fed. Cir. 2007)   Cited 22 times   1 Legal Analyses
    Noting "fact-dependency" of safe-harbor inquiry

  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 346,412 times   923 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 156,479 times   194 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 271 - Infringement of patent

    35 U.S.C. § 271   Cited 6,048 times   1052 Legal Analyses
    Holding that testing is a "use"