§Why CasetextPricing

J2 Global Inc et al v. Fax87.Com et al

NOTICE OF MOTION AND MOTION to Dismiss Defendant Farjad Fani's Counterclaims and to Strike His Third Affirmative Defense

7 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,693 times   280 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. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 269,419 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' "

  3. Rah Color Techs. LLC v. Ricoh USA Inc.

    194 F. Supp. 3d 346 (E.D. Pa. 2016)   Cited 31 times
    Finding identically worded non-infringement and invalidity counterclaims insufficient under Twombly and Iqbal

  4. 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 349,026 times   931 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  5. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 5,945 times   965 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"

  6. Section 101 - Inventions patentable

    35 U.S.C. § 101   Cited 3,425 times   2205 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."

  7. Section 100 - Definitions

    35 U.S.C. § 100   Cited 613 times   98 Legal Analyses
    Defining a " ‘joint research agreement’ " as a written agreement between "2 or more persons or entities"