Rude v. Westcott’s Empirical Analysis

Citation profile

102 federal appellate · 40 district · 6 state decisions

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

1. “must be paid by such a number of persons as to indicate a general acquiescence in its reasonableness by those who have occasion to use the invention.”

   8 later decisions quote this exact passage · from the majority
   e.g. Houston, E. & W. T. Ry. Co. v. Stern · Fox v. Knickerbocker Engraving Co.

2. “The avoidance of the risk and expense of litigation will always be a potential motive for a settlement.”

   6 later decisions quote this exact passage · from the majority
   e.g. Enplas Display Device Corp. v. Seoul Semiconductor Co. · Century Wrecker Corp. v. E.R. Buske Manufacturing Co.

3. ““The concluding provision, that the net profits arising from sales, royalties, or set-. tlements, or other source, are to he divided between the parties to the assignment so as to give the patentee one-fourth thereof, does not, in any respect, modify or limit the absolute transfer of title. It is a provision by which the consideration for the transfer is-to be paid- to the grantor out of the net profits made; it reserves to him no control over the patents or their use or disposal, or any power to interfere with the management of the business growing out of their ownership.””

   2 later decisions quote this exact passage · from the majority
   e.g. Green v. Le Clair · Lone Star Silicon Innovations LLC v. Nanya Tech. Corp.