19 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 267,684 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 280,676 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
Medimmune, Inc. v. GenenTech, Inc.
549 U.S. 118 (2007) Cited 2,663 times 91 Legal Analyses
Holding "the phrase 'case of actual controversy' in the Act refers to the types of 'Cases' and 'Controversies' that are justiciable under Article III"
Swartz v. KPMG LLP
476 F.3d 756 (9th Cir. 2007) Cited 2,955 times 3 Legal Analyses
Holding that “[t]o the extent Swartz seeks a declaration of defendants' liability for damages sought for his other causes of action,” claim must be dismissed as “merely duplicative”
Cahill v. Liberty Mut. Ins. Co.
80 F.3d 336 (9th Cir. 1996) Cited 3,364 times
Holding that allegations of material fact are taken as true and construed in the light most favorable to plaintiff
Ford Motor Co. v. Summit Motor Products, Inc.
930 F.2d 277 (3d Cir. 1991) Cited 649 times
Holding that reviewing court would not consider an issue raised on appeal but not considered by jury at trial
K-Tech Telecomms., Inc. v. Time Warner Cable, Inc.
714 F.3d 1277 (Fed. Cir. 2013) Cited 212 times 8 Legal Analyses
Holding that complaint survives Rule 12(b) challenge when it gives notice of what patentee accuses of being an infringing act with reasonable inferences that such acts are being done
Streck, Inc. v. Research & Diagnostic Sys., Inc.
665 F.3d 1269 (Fed. Cir. 2012) Cited 137 times 1 Legal Analyses
Holding that district court lacked jurisdiction over claims that were asserted in the complaint but not in the plaintiff's infringement contentions or defendant's invalidity contentions
Rosa v. Resolution Trust Corp.
938 F.2d 383 (3d Cir. 1991) Cited 198 times
Holding that claims for damages against assuming bank for its own acts did not fall within jurisdictional bar of subsection because "they seek neither payment from nor a determination of rights with respect to the assets of [the bank-in-receivership]" but from the assuming bank
Gustafson, Inc. v. Intersystems Indus. Prod
897 F.2d 508 (Fed. Cir. 1990) Cited 106 times 3 Legal Analyses
Holding "party cannot be found to have `willfully' infringed a patent of which the party had no knowledge"
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 362,493 times 962 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 164,394 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions
Fed. R. Civ. P. 11 Cited 37,492 times 150 Legal Analyses
Holding an "unrepresented party" to the same standard as an attorney
Section 2201 - Creation of remedy
28 U.S.C. § 2201 Cited 25,170 times 63 Legal Analyses
Granting district courts the authority to create a remedy with the force of a final judgment
Section 106 - Exclusive rights in copyrighted works
17 U.S.C. § 106 Cited 3,930 times 111 Legal Analyses
Granting the owners of copyrights in “literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works” the exclusive right “to display the copyrighted work publicly”

XimpleWare, Inc. v. Versata Software, Inc. et al

19 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

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

Holding "the phrase 'case of actual controversy' in the Act refers to the types of 'Cases' and 'Controversies' that are justiciable under Article III"

Holding that “[t]o the extent Swartz seeks a declaration of defendants' liability for damages sought for his other causes of action,” claim must be dismissed as “merely duplicative”

Holding that allegations of material fact are taken as true and construed in the light most favorable to plaintiff

Holding that reviewing court would not consider an issue raised on appeal but not considered by jury at trial

Holding that complaint survives Rule 12(b) challenge when it gives notice of what patentee accuses of being an infringing act with reasonable inferences that such acts are being done

Holding that district court lacked jurisdiction over claims that were asserted in the complaint but not in the plaintiff's infringement contentions or defendant's invalidity contentions

Holding that claims for damages against assuming bank for its own acts did not fall within jurisdictional bar of subsection because "they seek neither payment from nor a determination of rights with respect to the assets of [the bank-in-receivership]" but from the assuming bank

Holding "party cannot be found to have `willfully' infringed a patent of which the party had no knowledge"

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Holding an "unrepresented party" to the same standard as an attorney

Granting district courts the authority to create a remedy with the force of a final judgment

Granting the owners of copyrights in “literary, musical, dramatic, and choreographic works, pantomimes, and pictorial, graphic, or sculptural works” the exclusive right “to display the copyrighted work publicly”