Etten v. Kauffman’s Empirical Analysis
121 F.2d 137 · 1941
Citation profile
5 federal appellate · 4 district ·
How this case has been cited
Cited by 16 later decisions — most recently September 2007
5 federal appellate · 4 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 Continental Paper Bag Company v. Eastern Paper Bag Company · Lincoln Engineering Co of Illinois v. Stewart-Warner Corporation · Sanitary Refrigerator Co. v. Winters · Westinghouse v. Boyden Power Brake Co. · Smith v. Snow
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 16 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In a combination patent every element claimed is deemed to be material to such an extent that evidence to the contrary is not admissible. * * * (citing cases). * * * “The end in view [i. e., of the patent] is proposed to be accomplished by the union of all, arranged and combined together in the manner described. * * * The use of any two of these parts only, or of two combined with a third, which is substantially different, in form, or in the manner of its arrangement and connection with the others, is, therefore, not the thing patented. It is not the same combination, if it substantially differs from it in any of its parts.” * * * The rule has been restated a number of times and always to the same effect except for the qualification that the addition of an equivalent for the omitted element will not avoid infringement if the equivalent comes within the range of those allowable to the original patentee. * * * Here, the combination claimed by Schuda forms an entity, and in the Etten structure, as the court below correctly found, one of the important elements claimed by Schuda is omitted. 121 F.2d 137, 139-140 .”
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.