20 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,784 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. Federated Department Stores, Inc. v. Moitie

    452 U.S. 394 (1981)   Cited 2,908 times   5 Legal Analyses
    Holding that considerations of fairness and equity do not vitiate the res judicata effect of a previous, unappealed judgment, even if that judgment "rest on a legal principle subsequently overruled in another case"
  3. Harris v. Cnty. of Orange

    682 F.3d 1126 (9th Cir. 2012)   Cited 1,179 times   1 Legal Analyses
    Holding that the court "may take judicial notice of undisputed matters of public record . . . including documents on file in federal or state courts"
  4. Ackermann v. United States

    340 U.S. 193 (1950)   Cited 1,586 times
    Holding that petitioners were not entitled to relief under Federal Rule of Civil Procedure 60(b) when they made a "free, calculated, deliberate choic[e]" not to appeal
  5. Dworkin v. Hustler Magazine Inc.

    867 F.2d 1188 (9th Cir. 1989)   Cited 727 times
    Holding that Rule 12(c) and Rule 12(b) motions differ in time of filing but are otherwise "functionally identical," and applying the same standard of review
  6. Heliotrope General, Inc. v. Ford Motor Co.

    189 F.3d 971 (9th Cir. 1999)   Cited 359 times
    Holding where allegedly omitted information was part of the "total mix of information" available, plaintiff could not state a claim under § 10b
  7. Texas Instruments v. Cypress Semiconductor

    90 F.3d 1558 (Fed. Cir. 1996)   Cited 256 times   15 Legal Analyses
    Holding that conclusory expert testimony as to the overall similarity of a claim limitation and the alleged corresponding element in the accused product was insufficient to establish equivalence under the doctrine of equivalents
  8. Lyon v. Chase Bank U.S.

    656 F.3d 877 (9th Cir. 2011)   Cited 152 times
    Reversing dismissal of plaintiff's claim that Chase Bank "violated Oregon Revised Statutes 646.639(k) by attempting to collect a debt when it knew or had reason to know that its right to do so did not exist"
  9. Twelve John Does v. District of Columbia

    841 F.2d 1133 (D.C. Cir. 1988)   Cited 228 times
    Holding that Rule 60(b) is not substitute for failure to appeal
  10. Bio-Technology General Corp. v. Genentech

    80 F.3d 1553 (Fed. Cir. 1996)   Cited 135 times   2 Legal Analyses
    Holding in the context of laches that "[w]ith no legal right to enforce, it cannot be said that Genentech unreasonably delayed during that time period [before FDA approval and launch]."
  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 345,981 times   922 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 1659 - Stay of certain actions pending disposition of related proceedings before the United States International Trade Commission

    28 U.S.C. § 1659   Cited 121 times   5 Legal Analyses
    Distinguishing between civil actions and proceedings before the International Trade Commission, and permitting stay of civil action in favor of overlapping ITC proceedings in certain circumstances