Jt Eaton Company Inc v. Atlantic Paste & Glue Company’s Empirical Analysis
106 F.3d 1563 · 1997
Citation profile
22 federal appellate · 19 district ·
How this case has been cited
Cited by 92 later decisions — most recently August 2023 · most notably Cybor Corporation v. Fas Technologies, Inc., and Fastar Ltd., Defendants-Cross (1998), Brown & Williamson Tobacco Corp. v. Philip Morris Inc. (2000)
22 federal appellate · 19 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 MARKMAN Et Al. v. WESTVIEW INSTRUMENTS, INC., Et Al. · Markman v. Westview Instruments, Inc. · Vitronics Corporation v. Conceptronic Inc · County of Contra Costa v. Visness · Newell Companies, Inc. v. Kenney Manufacturing Company, Defendant/cross-Appellant
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 92 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he asserted commercial success of the product must be due to the merits of the claimed invention beyond what was readily available in the prior art. When a patentee can demonstrate commercial success, usually shown by significant sales in a relevant market, and that the successful product is the invention disclosed and claimed in the patent, it is presumed that the commercial success is due to the patented invention. If a pat-entee makes the requisite showing of nexus between commercial success and the patented invention, the burden shifts to the challenger to prove that the commercial success is instead due to other factors extraneous to the patented invention, such as advertising or superior workmanship.”
9 later decisions quote this exact passage · from the majority“[the disputed claim term] is a term with no previous meaning to those of ordinary skill in the prior art[,][i]ts meaning, then, must be found [elsewhere] in the patent.”
3 later decisions quote this exact passage · from the majority“cannot demonstrate commercial success, for purposes of countering the challenge of obviousness, unless it can show that the commercial success of the product results from the claimed invention.”
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.