Miller v. Schwarner’s Empirical Analysis

Citation profile

1 federal appellate · 1 district ·

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 2 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““We are of the opinion that the motion ought to be granted. The attorney for the plaintiff practically concedes, from the decisions of the courts on that subject, that the motion to dissolve the injunction should be granted on account of the expiration of the patent, which expired a few days ago with the expiration of a prior English patent. He, however, insists that the injunction should be continued as to the use and sale of those articles which were manufactured and sold while the patent was alive, the manufacture of which was an infringement of this patent; that he should have the benefit of having forbidden them while the patent was in existence; and that the injunction should be continued as to the selling or using of those manufactures, notwithstanding the expiration of the patent. We are of the opinion that with the expiration of Ms patent the plaintiff’s right to forbid anybody to-make, sell, or use the articles to which this invention refers expires. His monopoly is continued for 17 years by law, or whatever period the law allows his patent to run. That monopoly is against the making, selling, or using of such articles. He has the benefit of that monopoly, and has had that benefit with regard to those articles in which he now asks to be further protected. He may recover the 'damages he has sustained, in this suit, which is still pending in this court He may recover for the damages which were inflicted before the injunction was brought And he still asks that the cour”

   1 later decision quote this exact passage · from the majority
   e.g. American Sulphite Pulp Co. v. Hinckley Fibre Co.

2. ““The conclusion reached is that under section 4921 (U. S. Comp. St 1901, p. 3395) equity will entertain suits for infringement of patents only when the bill shows that a part of the complainant’s remedy is an injunction, and, if the patent has expired, the injunction will not be granted, and the ease should not be retained in equity for an accounting and damages only.””

   1 later decision quote this exact passage · from the majority
   e.g. American Sulphite Pulp Co. v. Hinckley Fibre Co.

3. ““Sec. 4921. The several courts vested with jurisdiction of cases arising under the patent laws shall have power to grant injunctions according to the course and principles of courts of equity, to prevent the violation of any right secured by patent, on such terms as the court may deem reasonable. * * * V”

   1 later decision quote this exact passage · from the majority
   e.g. American Sulphite Pulp Co. v. Hinckley Fibre Co.