26 Cited authorities

Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 273,590 times 368 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
Erickson v. Pardus
551 U.S. 89 (2007) Cited 63,493 times 3 Legal Analyses
Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"
Swierkiewicz v. Sorema N.A.
534 U.S. 506 (2002) Cited 17,065 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"
Conley v. Gibson
355 U.S. 41 (1957) Cited 58,952 times 25 Legal Analyses
Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"
Doe v. U.S.
58 F.3d 494 (9th Cir. 1995) Cited 1,962 times 2 Legal Analyses
Holding that the IRS's claims against the bankruptcy estate could reduce any judgment against any government agency under the Federal Tort Claims Act
Usher v. City of Los Angeles
828 F.2d 556 (9th Cir. 1987) Cited 2,111 times
Holding that plaintiffs significantly prejudiced where effect of new rule is to shorten limitations period such that they have no opportunity to follow new rule
In re Seagate Technology
497 F.3d 1360 (Fed. Cir. 2007) Cited 801 times 86 Legal Analyses
Holding that an "advice of counsel" defense to willful infringement does not waive the attorney-client privilege as to trial counsel partly because post-filing conduct is usually not relevant to a finding of willful infringement
DSU Medical Corp. v. JMS Co.
471 F.3d 1293 (Fed. Cir. 2006) Cited 519 times 27 Legal Analyses
Holding that the record supported jury verdict of no induced infringement where it showed defendant contacted an Australian attorney and "obtained letters from U.S. patent counsel advising that [its product] did not infringe"
Durning v. First Boston Corp.
815 F.2d 1265 (9th Cir. 1987) Cited 955 times
Holding that "obvious" disclosures in a prospectus warrant dismissal of claims for misleading statements as a matter of law
Mir v. Little Co. of Mary Hospital
844 F.2d 646 (9th Cir. 1988) Cited 780 times
Holding that a court may "'take judicial notice of matters of public record outside the pleadings' and consider them for purposes of the motion to dismiss."
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 160,289 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 201 - Judicial Notice of Adjudicative Facts
Fed. R. Evid. 201 Cited 29,078 times 26 Legal Analyses
Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."
Section 271 - Infringement of patent
35 U.S.C. § 271 Cited 6,113 times 1078 Legal Analyses
Holding that testing is a "use"
Section 285 - Attorney fees
35 U.S.C. § 285 Cited 3,234 times 486 Legal Analyses
Granting district courts discretion to award reasonable attorney fees to the prevailing party in exceptional cases
Section 284 - Damages
35 U.S.C. § 284 Cited 2,105 times 197 Legal Analyses
Granting "interest and costs as fixed by the court"
Section 283 - Injunction
35 U.S.C. § 283 Cited 809 times 19 Legal Analyses
Providing for injunctive relief, treble damages, and—in “exceptional cases”—attorney’s fees as remedies for patent infringement

Rambus Inc. v. Nvidia Corporation

26 Cited authorities

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

Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"

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 complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

Holding that the IRS's claims against the bankruptcy estate could reduce any judgment against any government agency under the Federal Tort Claims Act

Holding that plaintiffs significantly prejudiced where effect of new rule is to shorten limitations period such that they have no opportunity to follow new rule

Holding that an "advice of counsel" defense to willful infringement does not waive the attorney-client privilege as to trial counsel partly because post-filing conduct is usually not relevant to a finding of willful infringement

Holding that the record supported jury verdict of no induced infringement where it showed defendant contacted an Australian attorney and "obtained letters from U.S. patent counsel advising that [its product] did not infringe"

Holding that "obvious" disclosures in a prospectus warrant dismissal of claims for misleading statements as a matter of law

Holding that a court may "'take judicial notice of matters of public record outside the pleadings' and consider them for purposes of the motion to dismiss."

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

Holding that testing is a "use"

Granting district courts discretion to award reasonable attorney fees to the prevailing party in exceptional cases

Granting "interest and costs as fixed by the court"

Providing for injunctive relief, treble damages, and—in “exceptional cases”—attorney’s fees as remedies for patent infringement