31 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 267,100 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Steel Co. v. Citizens for Better Env't
523 U.S. 83 (1998) Cited 11,275 times 15 Legal Analyses
Holding that the federal courts lacked jurisdiction because "none of the relief sought by respondent would likely remedy its alleged injury in fact"
Summers v. Earth Island Inst.
555 U.S. 488 (2009) Cited 3,175 times 13 Legal Analyses
Holding that supplementation of the district court record to receive affidavits from the organization's members was not permitted "in the circumstances here: after the trial is over, judgment has been entered, and a notice of appeal has been filed"
Allen v. Wright
468 U.S. 737 (1984) Cited 4,886 times 9 Legal Analyses
Holding that, even when plaintiffs allege "one of the most serious injuries recognized in our legal system," it's not justiciable where "the chain of causation between the challenged Government conduct and the asserted injury are far too weak for the chain as a whole to sustain respondents' standing"
Vermont Agency of Nat. Res. v. U.S. ex rel. Stevens
529 U.S. 765 (2000) Cited 1,643 times 35 Legal Analyses
Holding that States are not subject to private FCA actions
Federal Election Comm'n v. Akins
524 U.S. 11 (1998) Cited 805 times 16 Legal Analyses
Holding that inability to procure information to which Congress has created a right in the Federal Election Campaign Act of 1971 qualifies as concrete injury satisfying Article III's standing requirement
Bly-Magee v. California
236 F.3d 1014 (9th Cir. 2001) Cited 1,188 times 1 Legal Analyses
Holding leave to amend should have been "freely given" pursuant to Rule 15 even though plaintiff failed in first amended complaint to plead fraud with specificity required by Rule 9(b)
Exergen Corporation v. Wal-Mart Stores, Inc.
575 F.3d 1312 (Fed. Cir. 2009) Cited 697 times 17 Legal Analyses
Holding that allegation that "Exergen, its agents and/or attorneys . . . knew of the material information and deliberately withheld or misrepresented it" without naming "the specific individual associated with the filing or prosecution of the application" was not sufficiently particular to satisfy the "who" element of an inequitable conduct claim
In re Take-Two Interactive Securities Litigation
551 F. Supp. 2d 247 (S.D.N.Y. 2008) Cited 135 times
Holding that the disclosure of an SEC investigation was a partial corrective disclosure when it was followed by a corporate officer's plea of guilty to charges of backdating options
Clontech Laboratories v. Invitrogen Corp.
406 F.3d 1347 (Fed. Cir. 2005) Cited 130 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"
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 361,853 times 961 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 164,069 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 24 - Intervention
Fed. R. Civ. P. 24 Cited 9,432 times 37 Legal Analyses
Granting the right of intervention to qualifying persons "unless existing parties adequately represent" them
Section 292 - False marking
35 U.S.C. § 292 Cited 572 times 64 Legal Analyses
Providing cause of action and share of recovery against a person falsely marking patented articles

Public Patent Foundation, Inc. v. McNeil-PPC, Inc.

31 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

Holding that the federal courts lacked jurisdiction because "none of the relief sought by respondent would likely remedy its alleged injury in fact"

Holding that supplementation of the district court record to receive affidavits from the organization's members was not permitted "in the circumstances here: after the trial is over, judgment has been entered, and a notice of appeal has been filed"

Holding that States are not subject to private FCA actions

Holding that inability to procure information to which Congress has created a right in the Federal Election Campaign Act of 1971 qualifies as concrete injury satisfying Article III's standing requirement

Holding leave to amend should have been "freely given" pursuant to Rule 15 even though plaintiff failed in first amended complaint to plead fraud with specificity required by Rule 9(b)

Holding that the disclosure of an SEC investigation was a partial corrective disclosure when it was followed by a corporate officer's plea of guilty to charges of backdating options

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

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. . . ."

Granting the right of intervention to qualifying persons "unless existing parties adequately represent" them

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