24 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 256,412 times   280 Legal Analyses
    Holding for a complaint to survive Rule 12(b), it must "state a claim to relief that is plausible on its face"
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 270,095 times   367 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. Global-Tech Appliances, Inc. v. Seb S. A.

    563 U.S. 754 (2011)   Cited 808 times   65 Legal Analyses
    Holding that a finding of deliberate ignorance requires the defendant to "take deliberate actions to avoid learning of [wrongdoing]."
  4. Chavez v. United States

    683 F.3d 1102 (9th Cir. 2012)   Cited 760 times   1 Legal Analyses
    Holding that a Bivens action could be sustained against Border Patrol agents
  5. Lucent Technologies v. Gateway

    580 F.3d 1301 (Fed. Cir. 2009)   Cited 749 times   20 Legal Analyses
    Holding that "we see little evidentiary basis under Georgia-Pacific" for the damages award
  6. R+L Carriers, Inc. v. Drivertech LLC (In re Bill of Lading Transmission & Processing Sys. Patent Litig.)

    681 F.3d 1323 (Fed. Cir. 2012)   Cited 658 times   12 Legal Analyses
    Holding that pleading "the process for" using the accused product in an infringing way "has no other substantial non-infringing use" is not the same as pleading the accused product contains a component that can only infringe, and therefore fails to state a claim for contributory infringement
  7. I4I Ltd. Partnership v. Microsoft Corp.

    598 F.3d 831 (Fed. Cir. 2010)   Cited 644 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
  8. Eclectic Properties East, LLC v. Marcus & Millichap Co.

    751 F.3d 990 (9th Cir. 2014)   Cited 459 times   1 Legal Analyses
    Holding that allegations are not plausible unless plaintiffs allege "facts tending to exclude the possibility that the [defendant's] explanation is true."
  9. OIP Technologies, Inc. v. Amazon.com, Inc.

    788 F.3d 1359 (Fed. Cir. 2015)   Cited 265 times   9 Legal Analyses
    Holding that a Section 101 inquiry is a question of law
  10. Mashiri v. Epsten Grinnell & Howell

    845 F.3d 984 (9th Cir. 2017)   Cited 220 times
    Holding that where the validation notice stated that a lien "will" be recorded if the consumer "fail[ed] to pay," "[t]he least sophisticated debtor would likely (and incorrectly) believe that even if she disputed the debt and [the debt collector] had not yet mailed verification of the debt to her, [the debt collector] would record a lien on the thirty-fifth day after the date of the letter"
  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 349,819 times   936 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 158,269 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  13. Section 271 - Infringement of patent

    35 U.S.C. § 271   Cited 6,073 times   1060 Legal Analyses
    Holding that testing is a "use"