Imhaeuser v. Buerk’s Empirical Analysis
101 U.S. 647 · 1879
Citation profile
86 federal appellate · 39 district ·
How this case has been cited
Cited by 244 later decisions (13 by the Supreme Court) — most recently June 2014 · most notably Graver Tank & Mfg. Co. v. Linde Air Products Co. (1950), Westinghouse v. Boyden Power Brake Co. (1898)
86 federal appellate · 39 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 Bates v. Coe · Burr v. Duryee · Gill v. Wells · The Corn-Planter Patent
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 244 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““A party who merely substitutes another old ingredient for one of the ingredients of the patented combination is an infringer, if the substitute performs the sanie function as the ingredient for which it is so substituted, and it appears that it was well known at the date of the patent that it was adaptable to that use.””
4 later decisions quote this exact passage · from the majority““Equivalents may be claimed by a patentee of an invention consisting of a < ombination of old elements or ingredients, as well as of any other valid patented improvement, provided the arrangement of the parts composing the invention is new, and will produce a new and useful result. Such a patentee may doubtless invoke the doctrine of equivalents, as against an infringer of the patent; but the term ‘ equivalent,’ as applied to such an invention, is special in its signification, and somewhat different from what is meant when the term is applied to an invention consisting of a new device or an entirely new machine.””
3 later decisions quote this exact passage · from the majority“[T]he burden to prove infringement never shifts [to the alleged infringer] if the charge is denied in the plea or answer”
2 later decisions 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.