Lujan v. Defs. of Wildlife
504 U.S. 555 (1992) Cited 28,036 times 138 Legal AnalysesHolding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"
U.S. ex Rel. Robinson Rancheria v. Borneo
971 F.2d 244 (9th Cir. 1992) Cited 1,543 timesHolding district court abused its discretion in imposing sanctions because district court incorrectly deemed plaintiff's claims frivolous
Pisciotta v. Old National Bancorp
499 F.3d 629 (7th Cir. 2007) Cited 766 times 12 Legal AnalysesHolding that, under Indiana state law, "allegations of increased risk of future identity theft . . . [are not] a harm that the law is prepared to remedy"
Brownmark Films, LLC v. Comedy Partners
682 F.3d 687 (7th Cir. 2012) Cited 489 times 9 Legal AnalysesHolding that conversion, rather than incorporation, was appropriate to consider videos to assess fair-use defense and rejecting argument that incorporation-by-reference doctrine should be expended to "encourage courts to consider affirmative defenses on 12(b) motions and thereby reduce the threat of nuisance suits"
Kaempe v. Myers
367 F.3d 958 (D.C. Cir. 2004) Cited 301 timesHolding that public records, including agency documents, are "subject to judicial notice on a motion to dismiss"
Alexander v. City of Chicago
994 F.2d 333 (7th Cir. 1993) Cited 275 timesHolding that there is no need to plead magic words in notice pleadings
Perricone v. Medicis Pharmaceutical Corp.
432 F.3d 1368 (Fed. Cir. 2005) Cited 147 times 2 Legal AnalysesHolding that a prior-art reference anticipated claims 1-4 and 7, but not claims 8, 9, and 13, because the latter set of claims contained one fewer limitation
Anderson v. Simon
217 F.3d 472 (7th Cir. 2000) Cited 168 timesHolding that, absent evidence that the police were under a duty to follow a state's attorney's orders concerning the length of a plaintiff's detention, the plaintiff had inappropriately named the prosecutor as a defendant under § 1983
Speedplay, Inc. v. Bebop, Inc.
211 F.3d 1245 (Fed. Cir. 2000) Cited 156 times 8 Legal AnalysesHolding that a licensing agreement conferred standing even though the license agreement included the wrong patent number because "substantial patent rights were transferred"
Alfred E. Mann Foundation v. Cochlear
604 F.3d 1354 (Fed. Cir. 2010) Cited 116 times 7 Legal AnalysesHolding that patent owner retained the ability to sue even where the exclusive licensee had a limited "right ... to grant sublicenses," "the absolute right to decide whether or not to initiate litigation against [an] accused infringer," and the right to "complete control" over such litigation, but where the patent owner retained the right to litigate in the event the licensee chose not to exercise its right
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 348,148 times 929 Legal AnalysesGranting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 329,861 times 158 Legal AnalysesHolding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 253 - Disclaimer
35 U.S.C. § 253 Cited 180 times 37 Legal AnalysesGranting patentee authority to disclaim issued or pending claims
Section 1.321 - Statutory disclaimers, including terminal disclaimers
37 C.F.R. § 1.321 Cited 75 times 32 Legal AnalysesIncorporating the language of § 253