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Smart Wearable Technologies Inc. v. Fitbit, Inc.

Brief / Memorandum in Opposition re Brief / Memorandum in Support, 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM .

21 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 251,860 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 265,756 times   364 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. Swierkiewicz v. Sorema N.A.

    534 U.S. 506 (2002)   Cited 16,735 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. Skinner v. Switzer

    562 U.S. 521 (2011)   Cited 2,879 times   3 Legal Analyses
    Holding that a state prisoner's "postconviction claim for DNA testing is properly pursued in a § 1983 action"

  5. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 58,453 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"

  6. Microsoft Corp. v. I4I Limited Partnership

    564 U.S. 91 (2011)   Cited 1,146 times   18 Legal Analyses
    Holding that § 282 ’s presumption of validity in litigation imposes a clear and convincing evidence standard on defendants seeking to prove invalidity

  7. Republican Party of North Carolina v. Martin

    980 F.2d 943 (4th Cir. 1992)   Cited 4,186 times
    Holding that Fourteenth Amendment challenge to system by Republican Party is justiciable

  8. Lucent Technologies v. Gateway

    580 F.3d 1301 (Fed. Cir. 2009)   Cited 741 times   20 Legal Analyses
    Holding that "we see little evidentiary basis under Georgia-Pacific" for the damages award

  9. I4I Ltd. Partnership v. Microsoft Corp.

    598 F.3d 831 (Fed. Cir. 2010)   Cited 639 times   5 Legal Analyses
    Holding that a party's quarrel with the facts the damages expert used go to the weight, not admissibility, of the expert's opinion

  10. DSU Medical Corp. v. JMS Co.

    471 F.3d 1293 (Fed. Cir. 2006)   Cited 516 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"

  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 344,855 times   920 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss