§Why CasetextPricing

Tompkins v. Able Planet, Inc. et al

MOTION to Dismiss , Stay, or Sever and Transfer, and Supporting Memorandum

29 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 266,691 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 279,746 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. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 29,194 times   144 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

  4. Summers v. Earth Island Inst.

    555 U.S. 488 (2009)   Cited 3,166 times   13 Legal Analyses
    Holding that supplementation of the district court record to receive affidavits from the organization's members was not permitted "in the circumstances here: after the trial is over, judgment has been entered, and a notice of appeal has been filed"

  5. Vermont Agency of Nat. Res. v. U.S. ex rel. Stevens

    529 U.S. 765 (2000)   Cited 1,640 times   35 Legal Analyses
    Holding that States are not subject to private FCA actions

  6. Landis v. North American Co.

    299 U.S. 248 (1936)   Cited 8,683 times   7 Legal Analyses
    Holding that a decision to stay proceedings "calls for the exercise of judgment, which must weigh competing interests and maintain an even balance"

  7. In re Volkswagen of Am.

    545 F.3d 304 (5th Cir. 2008)   Cited 1,649 times   16 Legal Analyses
    Holding this prong to be satisfied when "the harm . . . will already have been done by the time the case is tried and appealed, and the prejudice suffered cannot be put back in the bottle"

  8. In re Genentech, Inc.

    566 F.3d 1338 (Fed. Cir. 2009)   Cited 810 times   11 Legal Analyses
    Holding that relevant evidence in patent cases often comes from the accused infringer and may weigh in favor of transfer to that location

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

    575 F.3d 1312 (Fed. Cir. 2009)   Cited 697 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

  10. In re Nintendo Co.

    589 F.3d 1194 (Fed. Cir. 2009)   Cited 275 times   1 Legal Analyses
    Holding that "in a case featuring most witnesses and evidence closer to the transferee venue with few or no convenience factors favoring the venue chosen by the plaintiff, the trial court should grant a motion to transfer"

  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 361,353 times   960 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 163,831 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 40,114 times   335 Legal Analyses
    Requiring that fraud be pleaded with particularity

  14. Section 1404 - Change of venue

    28 U.S.C. § 1404   Cited 29,284 times   192 Legal Analyses
    Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR

  15. Rule 28 - Persons Before Whom Depositions May Be Taken

    Fed. R. Civ. P. 28   Cited 18,738 times   7 Legal Analyses
    Requiring appellant's argument to contain citations to authorities

  16. Rule 21 - Misjoinder and Nonjoinder of Parties

    Fed. R. Civ. P. 21   Cited 7,811 times   14 Legal Analyses
    Granting district courts broad discretion when deciding whether to sever claims or to dismiss improperly joined claims or defendants

  17. Section 287 - Limitation on damages and other remedies; marking and notice

    35 U.S.C. § 287   Cited 782 times   95 Legal Analyses
    Limiting liability of medical practitioners for performance of certain medical and surgical procedures

  18. Section 292 - False marking

    35 U.S.C. § 292   Cited 572 times   64 Legal Analyses
    Providing cause of action and share of recovery against a person falsely marking patented articles