45 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 255,123 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 268,865 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. Nautilus, Inc. v. Biosig Instruments, Inc.

    572 U.S. 898 (2014)   Cited 1,354 times   92 Legal Analyses
    Holding that claims are not indefinite if, "viewed in light of the specification and prosecution history, [they] inform those skilled in the art about the scope of the invention with reasonable certainty"
  4. Fogerty v. Fantasy, Inc.

    510 U.S. 517 (1994)   Cited 2,837 times   30 Legal Analyses
    Holding that under the Copyright Act fee-shifting statute, 17 U.S.C. § 505, defendants and plaintiffs are to be treated the same, contrary to the Court's interpretation of § 1988
  5. KSR International Co. v. Teleflex Inc.

    550 U.S. 398 (2007)   Cited 1,523 times   180 Legal Analyses
    Holding that, in an obviousness analysis, "[r]igid preventative rules that deny factfinders recourse to common sense, however, are neither necessary under our case law nor consistent with it"
  6. Starr v. Baca

    652 F.3d 1202 (9th Cir. 2011)   Cited 5,305 times   2 Legal Analyses
    Holding that a series of investigative reports documenting systemic deficiencies in a jail put the defendant-supervisor on notice of the risk of the harm that befell the plaintiff
  7. Simmons v. Navajo County

    609 F.3d 1011 (9th Cir. 2010)   Cited 3,786 times   1 Legal Analyses
    Holding that deliberate indifference requires the plaintiff to show the official was subjectively aware of the serious medical need and failed to adequately respond
  8. Graham v. John Deere Co.

    383 U.S. 1 (1966)   Cited 3,157 times   63 Legal Analyses
    Holding commercial success is a "secondary consideration" suggesting nonobviousness
  9. Daniels-Hall v. National Educ. Ass'n

    629 F.3d 992 (9th Cir. 2010)   Cited 2,105 times   3 Legal Analyses
    Holding courts may take judicial notice of information made publicly available by government entities on government websites
  10. Shroyer v. New Cingular Wireless Services

    622 F.3d 1035 (9th Cir. 2010)   Cited 1,376 times
    Holding that fraud claims were pled with particularity when the allegations concerned a "relatively definite time frame" identifiable by discrete events, even though exact dates were not provided
  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 348,416 times   930 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 157,557 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. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 97,986 times   136 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."
  14. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 28,039 times   197 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred
  15. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 24,638 times   61 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment
  16. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,288 times   1031 Legal Analyses
    Requiring patent applications to include a "specification" that provides, among other information, a written description of the invention and of the manner and process of making and using it
  17. Section 271 - Infringement of patent

    35 U.S.C. § 271   Cited 6,066 times   1055 Legal Analyses
    Holding that testing is a "use"
  18. Section 103 - Conditions for patentability; non-obvious subject matter

    35 U.S.C. § 103   Cited 6,065 times   462 Legal Analyses
    Holding the party seeking invalidity must prove "the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains."
  19. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 5,945 times   961 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"
  20. Section 1338 - Patents, plant variety protection, copyrights, mask works, designs, trademarks, and unfair competition

    28 U.S.C. § 1338   Cited 5,416 times   71 Legal Analyses
    Granting exclusive jurisdiction to the district courts "of any civil action arising under any Act of Congress relating to patents, . . . copyrights and trademarks"