10 Cited authorities

Safe Air for Everyone v. Meyer
373 F.3d 1035 (9th Cir. 2004) Cited 3,352 times 1 Legal Analyses
Holding residue generated from the cultivation of bluegrass was not discarded because, among other things, it was reused "in a continuous process of growing and harvesting Kentucky bluegrass seeds, the generating industry"
Doe v. Unocal Corp.
248 F.3d 915 (9th Cir. 2001) Cited 947 times 1 Legal Analyses
Holding "court may consider evidence" on motion to dismiss under Rule 12(b)
Theunissen v. Matthews
935 F.2d 1454 (6th Cir. 1991) Cited 1,160 times 2 Legal Analyses
Holding that plaintiff need only make a prima facie showing of personal jurisdiction where the district court allowed no discovery and decided the motion on the basis of factually conflicting affidavits
Perfect 10, Inc. v. Amazon.Com, Inc.
487 F.3d 701 (9th Cir. 2007) Cited 481 times 29 Legal Analyses
Holding that an online image search index was "highly transformative"
Playboy Enterprises, Inc. v. Welles
279 F.3d 796 (9th Cir. 2002) Cited 241 times
Holding that defendant's repeated use of the abbreviation “PMOY '81” meaning “Playmate of the Year 1981” on the background/wallpaper of her website failed to establish nominative fair use because “[t]he repeated depiction of “PMOY '81” is not necessary to describe [the defendant]”
Subafilms, Ltd. v. MGM-Pathe Communications Co.
24 F.3d 1088 (9th Cir. 1994) Cited 124 times 1 Legal Analyses
Holding that allegations within the U.S. for alleged activities entirely abroad cannot state a claim for copyright infringement under the Copyright Act
Columbia Pictures Industries, Inc. v. Redd Horne, Inc.
749 F.2d 154 (3d Cir. 1984) Cited 121 times
Holding good-faith litigation to enforce a copyright protected under Noerr-Pennington
Bushnell, Inc. v. Brunton Company
659 F. Supp. 2d 1150 (D. Kan. 2009) Cited 17 times
Granting motion to amend in patent infringement suit where plaintiff lacked ownership in patent, and hence standing, as of the date of the original complaint, but was subsequently assigned all right, title and interest in patent
Government Employees Ins. Co. v. Dizol
176 F. Supp. 2d 1005 (D. Haw. 2001) Cited 22 times
Holding that insurer had standing to bring declaratory judgment action seeking declaration of no UIM coverage over insured; insurer was threatened with injury as it was sought to be held liable for benefits under policy
Rule 15 - Amended and Supplemental Pleadings
Fed. R. Civ. P. 15 Cited 93,082 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

Righthaven LLC v. Newman

10 Cited authorities

Holding residue generated from the cultivation of bluegrass was not discarded because, among other things, it was reused "in a continuous process of growing and harvesting Kentucky bluegrass seeds, the generating industry"

Holding "court may consider evidence" on motion to dismiss under Rule 12(b)

Holding that plaintiff need only make a prima facie showing of personal jurisdiction where the district court allowed no discovery and decided the motion on the basis of factually conflicting affidavits

Holding that an online image search index was "highly transformative"

Holding that defendant's repeated use of the abbreviation “PMOY '81” meaning “Playmate of the Year 1981” on the background/wallpaper of her website failed to establish nominative fair use because “[t]he repeated depiction of “PMOY '81” is not necessary to describe [the defendant]”

Holding that allegations within the U.S. for alleged activities entirely abroad cannot state a claim for copyright infringement under the Copyright Act

Holding good-faith litigation to enforce a copyright protected under Noerr-Pennington

Granting motion to amend in patent infringement suit where plaintiff lacked ownership in patent, and hence standing, as of the date of the original complaint, but was subsequently assigned all right, title and interest in patent

Holding that insurer had standing to bring declaratory judgment action seeking declaration of no UIM coverage over insured; insurer was threatened with injury as it was sought to be held liable for benefits under policy

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