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San Francisco Technology Inc. v. Sun Products Corporation

Reply to Opposition re MOTION to Dismiss for Failure to State a Claim

22 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 267,813 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 280,791 times   369 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

  3. Swierkiewicz v. Sorema N.A.

    534 U.S. 506 (2002)   Cited 17,380 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"

  4. Bly-Magee v. California

    236 F.3d 1014 (9th Cir. 2001)   Cited 1,189 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)

  5. Exergen Corporation v. Wal-Mart Stores, Inc.

    575 F.3d 1312 (Fed. Cir. 2009)   Cited 699 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

  6. IN RE STAC ELECTRONICS SECURITIES LITIGATION

    89 F.3d 1399 (9th Cir. 1996)   Cited 829 times
    Holding securities section 11 claims sounding in fraud are subject to Rule 9(b) particularity requirements

  7. Berson v. Applied Signal

    527 F.3d 982 (9th Cir. 2008)   Cited 302 times   3 Legal Analyses
    Holding risk disclosure was insufficient where company warned revenue could fall short of projection, but omitted that it had already had its revenue stream "immediately interrupt[ed]" by stop-work orders

  8. United States v. Neifert-White Co.

    390 U.S. 228 (1968)   Cited 311 times   5 Legal Analyses
    Holding that the term "claim" was not limited to claims submitted for payments due and owing from the government, but included claims for favorable action by the government upon applications for loans

  9. Pelman ex Rel. Pelman v. McDonald's Corp.

    396 F.3d 508 (2d Cir. 2005)   Cited 226 times
    Holding that a claim under Section 349 is "not subject to the pleading-with-particularity requirements of Rule 9(b), but need only meet the bare-bones notice-pleading requirements of Rule 8"

  10. 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

  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 362,607 times   962 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 164,455 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Rule 9 - Pleading Special Matters

    Fed. R. Civ. P. 9   Cited 40,207 times   337 Legal Analyses
    Requiring that fraud be pleaded with particularity

  14. Section 78j - Manipulative and deceptive devices

    15 U.S.C. § 78j   Cited 12,808 times   167 Legal Analyses
    Granting SEC power to establish rules to further statute forbidding manipulative or deceptive devices in connection with purchase or sale of securities

  15. Section 3729 - False claims

    31 U.S.C. § 3729   Cited 6,962 times   667 Legal Analyses
    Holding liable "any person" who knowingly causes false claims to be presented

  16. Section 349 - Deceptive acts and practices unlawful

    N.Y. Gen. Bus. Law § 349   Cited 5,000 times   112 Legal Analyses
    Granting "any person who has been injured by reason of any violation of this section" the right to "bring an action in his own name"

  17. Section 77k - Civil liabilities on account of false registration statement

    15 U.S.C. § 77k   Cited 2,146 times   86 Legal Analyses
    Holding liable for a false registration statement "every person who was a director of . . . or partner in the issuer" at time of filing

  18. Section 292 - False marking

    35 U.S.C. § 292   Cited 574 times   64 Legal Analyses
    Providing cause of action and share of recovery against a person falsely marking patented articles