14 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 257,305 times 280 Legal Analyses
Holding for a complaint to survive Rule 12(b), it must "state a claim to relief that is plausible on its face"
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 270,937 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' "
Swierkiewicz v. Sorema N.A.
534 U.S. 506 (2002) Cited 16,958 times 20 Legal Analyses
Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"
Cruz v. Beto
405 U.S. 319 (1972) Cited 5,516 times 1 Legal Analyses
Holding that a Buddhist prisoner stated a claim under the First and Fourteenth Amendments when he alleged that he was placed in solitary confinement for proselytizing, while inmates of other religions were encouraged to participate in religious programs
Carroll v. Fort James Corp.
470 F.3d 1171 (5th Cir. 2006) Cited 695 times
Holding that district courts should only dismiss claims sua sponte if the court provides notice of its "intention and an opportunity to respond"
Retail Clerks v. Schermerhorn
373 U.S. 746 (1963) Cited 794 times
Concluding that—under Section 14(b) and the rule announced in General Motors Corp .—states may ban "agency shop" agreements by which employees have an "obligation to pay initiation fees and regular dues, ....[w]hatever may be the status of less stringent union-security arrangements ...."
Clontech Laboratories v. Invitrogen Corp.
406 F.3d 1347 (Fed. Cir. 2005) Cited 129 times 3 Legal Analyses
Holding that a plaintiff must show that a defendant "did not have an honest good faith belief in marking its products"
Pequignot v. Solo Cup Co.
608 F.3d 1356 (Fed. Cir. 2010) Cited 106 times 3 Legal Analyses
Holding that the defendant did not falsely mark its products for purposes of deceiving the public
Astec America, Inc. v. Power-One, Inc.
CIVIL ACTION NO. 6:07-cv-464 (E.D. Tex. Apr. 11, 2008) Cited 3 times
Denying defendant's motion to dismiss and finding that "[t]he issues of whether [defendant]'s practice of marking its products with the 'one or more' language constitutes false marking . . . turns on whether [plaintiff] can show that [defendant] implemented this marking practice with the intent to deceive the public."
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 351,086 times 937 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 158,801 times 196 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 9 - Pleading Special Matters
Fed. R. Civ. P. 9 Cited 39,307 times 323 Legal Analyses
Requiring that fraud be pleaded with particularity
Rule 5 - Serving and Filing Pleadings and Other Papers
Fed. R. Civ. P. 5 Cited 22,480 times 16 Legal Analyses
Allowing service by filing papers with the court's electronic-filing system
Section 292 - False marking
35 U.S.C. § 292 Cited 565 times 61 Legal Analyses
Providing cause of action and share of recovery against a person falsely marking patented articles

Patent Group, LLC v. Accentra, Inc.

14 Cited authorities

Holding for a complaint to survive Rule 12(b), it must "state a claim to relief that is plausible on its face"

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' "

Holding with regard to a 67-year-old plaintiff and a 59-year-old comparator that " difference of eight years between the age of the person discharged and his replacement . . . is not insignificant"

Holding that a Buddhist prisoner stated a claim under the First and Fourteenth Amendments when he alleged that he was placed in solitary confinement for proselytizing, while inmates of other religions were encouraged to participate in religious programs

Holding that district courts should only dismiss claims sua sponte if the court provides notice of its "intention and an opportunity to respond"

Concluding that—under Section 14(b) and the rule announced in General Motors Corp .—states may ban "agency shop" agreements by which employees have an "obligation to pay initiation fees and regular dues, ....[w]hatever may be the status of less stringent union-security arrangements ...."

Holding that a plaintiff must show that a defendant "did not have an honest good faith belief in marking its products"

Holding that the defendant did not falsely mark its products for purposes of deceiving the public

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Requiring that fraud be pleaded with particularity

Allowing service by filing papers with the court's electronic-filing system

Providing cause of action and share of recovery against a person falsely marking patented articles