Phillips v. Baker’s Empirical Analysis
121 F.2d 752 · 1941
Citation profile
18 federal appellate · 6 district ·
How this case has been cited
Cited by 55 later decisions — most recently August 2018 · most notably Orange Theatre Corp. v. Rayherstz Amusement Corp. (1944), American Fidelity & Casualty Co. v. All American Bus Lines, Inc. (1951)
18 federal appellate · 6 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
Applies 28 U.S.C. § 109
Relies on Bowers v. Atlantic, G. & P. Co. · Carter v. Powell · Martin v. Lain Oil & Gas Co. · Johnson v. Joseph Schlitz Brewing Co. · Zimmers v. Dodge Bros.
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 55 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Any civil action for patent infringement may be brought in the judicial district where the defendant resides, or where the defendant has committed acts of infringement and has a regular and established place of business.””
2 later decisions quote this exact passage · from the majority““It hardly seems reasonable first to deny that a defendant can raise this dilatory defense at this stage by one type of pleading called a motion, and then allow him to raise it by another type of pleading called the answer. To lay such emphasis on formalism seems contrary to the purpose for which the Rules of Civil Procedure were adopted. Subdivision (h) of Rule 12 provides: ‘A party waives all defenses and objections which he does not present either by motion as hereinbefore provided or, if he has made no motion, in his answer or reply, * * *.’ The meaning of this portion of the rule, as I read it, is that if a party chooses to raise certain objections by motion, he must, ‘as hereinbefore provided’ by subdivision (g), join all objections then available to him which may be made by motion, or be considered to have waived them (with two exceptions set forth in subdivision (h) which are not relevant here).””
1 later decision quote this exact passage · from the majority““Should we spell out the strongest possible case to support the jurisdiction under the facts here presented, the most that we could say is that it is extremely doubtful. ‘In this situation, it is better that the parties be remitted to the district where there is no doubt as to the jurisdiction, before, rather than after, expensive and protracted litigation has been had.’””
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.