38 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 254,033 times   279 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 267,838 times   366 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. Carlisle v. United States

    517 U.S. 416 (1996)   Cited 972 times   4 Legal Analyses
    Holding that a district court could not use inherent authority to extend a plain and unambiguous Rule of Criminal Procedure that limited district court’s authority to enter a judgment of acquittal to seven days
  4. Ruiz v. Bally Total Fitness

    496 F.3d 1 (1st Cir. 2007)   Cited 544 times
    Explaining that we "are not free to disregard the plain language of a statute and, instead, conjure up legislative purposes and intent out of thin air"
  5. In re Gartside

    203 F.3d 1305 (Fed. Cir. 2000)   Cited 511 times   15 Legal Analyses
    Holding that factual determinations underlying an obviousness rejection under 35 U.S.C. § 103 are reviewed for substantial evidence
  6. Viqueira v. First Bank

    140 F.3d 12 (1st Cir. 1998)   Cited 330 times
    Considering and rejecting on the merits a possible source of jurisdiction not explicitly referenced in the complaint
  7. Rogers v. Jefferson-Pilot Life Ins. Co.

    883 F.2d 324 (4th Cir. 1989)   Cited 363 times
    Applying section 510 only to actions against an employer, not against insurers or other third parties administering insurance benefits
  8. Mangual v. Rotger-Sabat

    317 F.3d 45 (1st Cir. 2003)   Cited 220 times
    Holding threat of prison makes challenge ripe
  9. Ramirez v. Sanchez Ramos

    438 F.3d 92 (1st Cir. 2006)   Cited 75 times
    Holding that plaintiff's fear was not “objectively reasonable” when she “never stated an intention to engage in any activity that could reasonably be construed to fall within the confines of the [challenged law]”
  10. Nkihtaqmikon v. Impson

    503 F.3d 18 (1st Cir. 2007)   Cited 66 times
    Holding that plaintiffs have standing to challenge the approval of a lease to build a liquified natural gas terminal when they “live within a mile” of the project site and use the land and surrounding waters for ceremonial and community purposes
  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 347,250 times   923 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Section 112 - Specification

    35 U.S.C. § 112   Cited 7,283 times   1028 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
  13. Section 103 - Conditions for patentability; non-obvious subject matter

    35 U.S.C. § 103   Cited 6,061 times   453 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."
  14. Section 102 - Conditions for patentability; novelty

    35 U.S.C. § 102   Cited 5,941 times   958 Legal Analyses
    Prohibiting the grant of a patent to one who "did not himself invent the subject matter sought to be patented"
  15. Section 154 - Contents and term of patent; provisional rights

    35 U.S.C. § 154   Cited 762 times   258 Legal Analyses
    Granting twenty years for utility patents
  16. Section 286 - Time limitation on damages

    35 U.S.C. § 286   Cited 324 times   80 Legal Analyses
    Precluding recovery for infringement more than six years prior to the filing of the complaint or counterclaim
  17. Section 135 - Derivation proceedings

    35 U.S.C. § 135   Cited 287 times   45 Legal Analyses
    Governing interferences
  18. Section 146 - Civil action in case of derivation proceeding

    35 U.S.C. § 146   Cited 283 times   24 Legal Analyses
    Filing in the Patent and Trademark Office of a certified copy of the judgment
  19. Section 6 - Patent Trial and Appeal Board

    35 U.S.C. § 6   Cited 182 times   63 Legal Analyses
    Giving the Director authority to designate "at least 3 members of the Patent Trial and Appeal Board" to review "[e]ach appeal, derivation proceeding, post-grant review, and inter partes review"
  20. Section 253 - Disclaimer

    35 U.S.C. § 253   Cited 180 times   37 Legal Analyses
    Granting patentee authority to disclaim issued or pending claims
  21. Section 41.127 - Judgment

    37 C.F.R. § 41.127   Cited 9 times   15 Legal Analyses

    (a)Effect within Office - (1)Estoppel. A judgment disposes of all issues that were, or by motion could have properly been, raised and decided. A losing party who could have properly moved for relief on an issue, but did not so move, may not take action in the Office after the judgment that is inconsistent with that party's failure to move, except that a losing party shall not be estopped with respect to any contested subject matter for which that party was awarded a favorable judgment. (2)Final disposal