§Why CasetextPricing

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

RESPONSE

40 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 276,185 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

  2. Scheuer v. Rhodes

    416 U.S. 232 (1974)   Cited 22,559 times   3 Legal Analyses
    Holding that executive branch officers had qualified immunity

  3. New Hampshire v. Maine

    532 U.S. 742 (2001)   Cited 4,638 times   17 Legal Analyses
    Holding that under the doctrine of judicial estoppel, “New Hampshire is equitably barred from asserting—contrary to its position in the 1970's litigation—that the inland Piscataqua River boundary runs along the Maine shore”

  4. Lacey v. Maricopa Cnty.

    693 F.3d 896 (9th Cir. 2012)   Cited 7,963 times
    Holding that "claims [that are] voluntarily dismissed" are "waived if not repled" in an amended complaint"

  5. Pegram v. Herdrich

    530 U.S. 211 (2000)   Cited 1,379 times   11 Legal Analyses
    Holding that there was "jurisdiction regardless of the correctness of the removal" because the "amended complaint alleged ERISA violations, over which the federal courts have jurisdiction"

  6. Mendiondo v. Centinela

    521 F.3d 1097 (9th Cir. 2008)   Cited 2,025 times   2 Legal Analyses
    Holding that the heightened pleading requirements of Rule 9(b) do not apply

  7. Schreiber Distributing v. Serv-Well Furniture

    806 F.2d 1393 (9th Cir. 1986)   Cited 2,372 times
    Holding that Rule 9(b) requires the plaintiff to "state with particularity" the "circumstances constituting the fraud," including a statement of "the time, place, and specific content of the false representations as well as the identities of the parties to the misrepresentation."

  8. In re Seagate Technology

    497 F.3d 1360 (Fed. Cir. 2007)   Cited 802 times   86 Legal Analyses
    Holding that an "advice of counsel" defense to willful infringement does not waive the attorney-client privilege as to trial counsel partly because post-filing conduct is usually not relevant to a finding of willful infringement

  9. Ascon Properties, Inc. v. Mobil Oil Co.

    866 F.2d 1149 (9th Cir. 1989)   Cited 1,351 times
    Holding that the ninety-day notice requirement is jurisdictional

  10. Alliance v. Ray

    699 F.3d 1053 (9th Cir. 2012)   Cited 562 times
    Holding that university must consistently apply policies designed to establish an area as a non-public forum

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 161,761 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Section 271 - Infringement of patent

    35 U.S.C. § 271   Cited 6,139 times   1082 Legal Analyses
    Holding that testing is a "use"

  13. Rule 84 - Abrogated (Apr. 29, 2015, eff. Dec. 1, 2015).

    Fed. R. Civ. P. 84   Cited 1,037 times   7 Legal Analyses
    Explaining that the appended forms "are sufficient under the rules and are intended to indicate the simplicity and brevity of statement which the rules contemplate"

  14. Section 1858 - Office of judge in construction of statute or instrument

    Cal. Code Civ. Proc. § 1858   Cited 899 times
    Interpreting statutes

  15. Section 1639 - Intention ascertained from writing

    Cal. Civ. Code § 1639   Cited 870 times   1 Legal Analyses
    Providing in part: "When a contract is reduced to writing, the intention of the parties is to be ascertained from the writing alone, if possible"

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

    35 U.S.C. § 287   Cited 777 times   93 Legal Analyses
    Limiting liability of medical practitioners for performance of certain medical and surgical procedures