Montgomery Ward & Co. v. Rogers’s Empirical Analysis
100 F.2d 721 · 1939
Citation profile
7 federal appellate · 3 district ·
How this case has been cited
Cited by 14 later decisions — most recently March 1966
7 federal appellate · 3 district ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on I. T. S. Rubber Co. v. Essex Rubber Co. · Shepard v. Carrigan · Smith v. Magic City Kennel Club, Inc. · Hubbell v. United States · Sargent v. Hall Safe & Lock Co.
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The omission of this element is sufficient, in our opinion, to avoid the charge of infringement, for it is well established that the omission of an element of a claim of a patent without substituting an equivalent therefor avoids infringement of the claim.””
1 later decision quote this exact passage · from the majority““It is well settled that there is no infringement where an element of a combination thus made material in the claim is not embodied in the alleged infringing device.””
1 later decision quote this exact passage · from the majority
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.