the reasonable inference that the defendant is liable for the misconduct alleged.” Iqbal, 556 U.S. at 663, 129 S.Ct. 1937. Also relevant here is the question of whether an affirmative defense may be considered before the filing of answer on a Rule 12(b)(6) motion. “An affirmative defense may be raised by a pre-answer motion to dismiss under Rule 12(b)(6), without resort to summary judgment procedure, if the defense appears on the face of the complaint.” Pani v. Empire Blue Cross Blue Shield, 152 F.3d 67, 74 (2d Cir. 1998) (emphasis added). As one court observed: A plaintiffs complaint should contain allegations that support her claim, but a plaintiff has no obligation to anticipate and refute potential affirmative defenses. Harris v. City of New York, 186 F.3d 243, 251 (2d Cir. 1999) (<HOLDING>), citing 5 Charles Alan Wright & Arthur R.
holding that the running of the statute of limitations is an affirmative defense holding that the statute of limitations in a criminal case is a nonjurisdictional affirmative defense that is waived if not raised in the trial court holding that complaint need not anticipate statute of limitations which is an affirmative defense holding that where plaintiffs claims are timely on the face of the allegations of the complaint a court should strike the affirmative defense of statute of limitations holding that fair use is an affirmative defense