Beer v. Walbridge’s Empirical Analysis

Citation profile

9 federal appellate · 5 district ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““But a patent carries with it a presumption of novelty, and the trained experts of the patent office have decided that what was done hy the patentee arose to the dignity of an invention. Whether it was an obvious thing or not is a question of fact, and if it should appear that upon the introduction of the patented article it commended itself to the public, and was accepted as. supplying what had long been wanted, and obtained an extensive sale and use, these facts might be decisive.””

   1 later decision quote this exact passage · from the majority
   e.g. Chinnock v. Paterson, P. & S. Tel. Co.

2. ““The courts will take judicial notice of facts which are within common knowledge, including those relating to the arts and industries, and matters of science, and may refer to the dictionaries and encyclopedias for information, when necessary to go outside the record.””

   1 later decision quote this exact passage · from the majority
   e.g. Baker v. F. A. Duncombe Mfg. Co.

3. “"We are of the opinion that the ease is one where evidence of the prior art and of the commercial value of the patented article may be persuasive that, the patent is valid, and that the question is too doubtful to be decided upon the face of the patent.””

   1 later decision quote this exact passage · from the majority
   e.g. Denton v. Fulda