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Mahmood v. Research in Motion Ltd.

MEMORANDUM OF LAW in Support re: 11 MOTION to Dismiss the Complaint Pursuant to Rules 8

50 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 263,477 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 276,716 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  3. Piper Aircraft Co. v. Reyno

    454 U.S. 235 (1981)   Cited 4,819 times   12 Legal Analyses
    Holding that potential change in law cannot, by itself, fend off dismissal under forum non conveniens absent showing that new law is "clearly inadequate or unsatisfactory"

  4. DiFolco v. MSNBC Cable L.L.C.

    622 F.3d 104 (2d Cir. 2010)   Cited 2,494 times
    Holding that "[i]n considering a motion to dismiss for failure to state a claim pursuant to Rule 12(b), a district court may consider . . . documents incorporated by reference in the complaint" and any document "where the complaint relies heavily upon its terms and effect, thereby rendering the document integral to the complaint"

  5. Gulf Oil Corp. v. Gilbert

    330 U.S. 501 (1947)   Cited 5,649 times   5 Legal Analyses
    Holding that private interest factors include the "availability of compulsory process for attendance of un-willing, and the cost of obtaining attendance of willing, witnesses"

  6. Bonito Boats, Inc. v. Thunder Craft Boats, Inc.

    489 U.S. 141 (1989)   Cited 575 times   16 Legal Analyses
    Holding that a state law prohibiting people from copying unpatentable boat hull designs was preempted because it sought to provide patent-like protection to boat designs not protectable by patent laws and it "contravenes the ultimate goal of public disclosure and use that is the centerpiece of federal patent policy"

  7. Kaufman v. Cohen

    307 A.D.2d 113 (N.Y. App. Div. 2003)   Cited 1,182 times   4 Legal Analyses
    Holding that misrepresentations by one business partner to other partners about the value of a business interest was "essential" to completing the underlying misappropriation of a business opportunity

  8. Iragorri v. United Techs. Corp.

    274 F.3d 65 (2d Cir. 2001)   Cited 962 times   2 Legal Analyses
    Holding that foreign plaintiff's forum choice given "greater deference ... to the extent that it was motivated by legitimate reasons, including the plaintiff's convenience"

  9. Halebian v. Berv

    644 F.3d 122 (2d Cir. 2011)   Cited 411 times
    Holding that the district court must adjudicate the claim within the framework of summary judgment by converting the defendants' motion to dismiss pursuant to Federal Rule of Civil Procedure 12(d)

  10. Golden Pacific Bancorp v. F.D.I.C

    273 F.3d 509 (2d Cir. 2001)   Cited 417 times
    Holding that unjust enrichment claims premised on fiduciary breach obtained benefit of fiduciary tolling rule

  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 357,835 times   950 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 162,084 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 214 - Actions to be commenced within three years: for non-payment of money collected on execution; for penalty created by statute; to recover chattel; for injury to property; for personal injury; for malpractice other than medical, dental or podiatric malpractice; to annul a marriage on the ground of fraud

    N.Y. C.P.L.R. § 214   Cited 5,520 times   3 Legal Analyses
    Providing for three-year statute of limitations for personal injury actions

  14. Section 256 - Correction of named inventor

    35 U.S.C. § 256   Cited 674 times   66 Legal Analyses
    Permitting correction of inventorship "[w]henever . . . through error an inventor is not named in an issued patent and such error arose without any deceptive intention on his part"

  15. Section 202 - Cause of action accruing without the state

    N.Y. CPLR 202   Cited 594 times
    Limiting the limitations period for causes of action accruing outside of New York where the foreign jurisdiction imposes a shorter statute of limitations than the state does

  16. Section 262 - Joint owners

    35 U.S.C. § 262   Cited 100 times   21 Legal Analyses
    Providing for joint ownership of patents