§Why CasetextPricing

Oracle America, Inc. v. Terix Computer Company, Inc., et al

MOTION to Strike 178 Answer to Amended Complaint, 180 Answer to Amended Complaint, 181 Answer to Amended Complaint, 179 Answer to Amended Complaint Oracle's Notice and Motion to Strike Defendants' Affirmative Defenses

49 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 254,855 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 268,629 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. Petrella v. Metro-Goldwyn-Mayer, Inc.

    572 U.S. 663 (2014)   Cited 506 times   77 Legal Analyses
    Holding that laches is not a defense to damages for copyright infringement

  4. Campbell v. Acuff-Rose Music, Inc.

    510 U.S. 569 (1994)   Cited 633 times   71 Legal Analyses
    Holding that “[i]t was error for the Court of Appeals to conclude that the commercial nature of [a secondary work] rendered it presumptively unfair”

  5. A M Records, Inc. v. Napster, Inc.

    239 F.3d 1004 (9th Cir. 2001)   Cited 740 times   9 Legal Analyses
    Holding that Napster could not invoke § 1008 as a defense to copyright infringement claims because its technology did not fit within the AHRA’s definitions

  6. Eclectic Properties East, LLC v. Marcus & Millichap Co.

    751 F.3d 990 (9th Cir. 2014)   Cited 457 times   1 Legal Analyses
    Holding that allegations are not plausible unless plaintiffs allege "facts tending to exclude the possibility that the [defendant's] explanation is true."

  7. Barnes v. AT&T Pension Benefit Plan

    718 F. Supp. 2d 1167 (N.D. Cal. 2010)   Cited 401 times   1 Legal Analyses
    Holding that Rule 12(f) motions are disfavored due to the strong policy favoring resolution on the merits

  8. Salameh v. Tarsadia Hotel, Corp.

    726 F.3d 1124 (9th Cir. 2013)   Cited 282 times   8 Legal Analyses
    Holding that particularity requirements set forth in Fed. R. Civ. P. 9(b) apply to state-law fraud claims

  9. Apple Inc. v. Psystar Corp..

    658 F.3d 1150 (9th Cir. 2011)   Cited 219 times
    Holding that first sale doctrine did not apply because purchasers were licensees, not owners

  10. Century Aluminum Co. Securities Litig. v. Century Aluminum Co.

    729 F.3d 1104 (9th Cir. 2013)   Cited 207 times   4 Legal Analyses
    Holding that "[p]laintiffs need not have purchased shares in the offering made under the misleading registration statement ... [purchasers in the aftermarket] have standing to sue provided they can trace their shares back to the relevant offering"

  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 348,148 times   929 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 157,408 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 91,180 times   91 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

  14. Section 1030 - Fraud and related activity in connection with computers

    18 U.S.C. § 1030   Cited 3,250 times   408 Legal Analyses
    Holding cellular phones are protected

  15. Section 102 - Subject matter of copyright: In general

    17 U.S.C. § 102   Cited 2,259 times   120 Legal Analyses
    Granting protection to "literary works"

  16. Section 337 - Contract, obligation or liability founded upon written instrument; book account; rescission of contract

    Cal. Code Civ. Proc. § 337   Cited 1,690 times   5 Legal Analyses
    Governing rescissions of written contracts

  17. Section 410 - Registration of claim and issuance of certificate

    17 U.S.C. § 410   Cited 1,500 times   12 Legal Analyses
    Finding that production of a certificate of copyright registration gave rise to a rebuttable presumption that copyright was valid

  18. Section 338 - Liability created by statute; trespass or injury to real property; taking, detaining or injuring goods or chattels; fraud or mistake; bond of public official; notary's bond; slander of title; section 17536, Business and Professions Code; Water Quality Control Act; Section 19, Article 1, California Constitution; division 26, Health and Safety Code; sections 1603.1, 1615, 5650.1, Fish and Game Code; validity of special tax levy; violation of FPA or Forestry and Fire Protection rules and regulations

    Cal. Code Civ. Proc. § 338   Cited 1,487 times
    Setting three-year statute of limitations for a liability based on statute like the CSA

  19. Section 107 - Limitations on exclusive rights: Fair use

    17 U.S.C. § 107   Cited 1,016 times   177 Legal Analyses
    Designating “criticism” and “comment” as fair use

  20. Section 507 - Limitations on actions

    17 U.S.C. § 507   Cited 833 times   68 Legal Analyses
    Prohibiting copyright-infringement claims that are filed more than three years after they accrued