In re Clement’s Empirical Analysis
131 F.3d 1464 · 1997
Citation profile
18 federal appellate · 7 district ·
How this case has been cited
Cited by 48 later decisions — most recently November 2015 · most notably MBO Laboratories, Inc. v. Becton, Dickinson & Co. (2007), North American Container, Inc. v. Plastipak Packaging, Inc. (2005)
18 federal appellate · 7 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 35 U.S.C. § 251 · 35 U.S.C. § 252
Relies on Bell Communications Research, Inc. v. Vitalink Communications Corp. · Seattle Box Company Inc v. Industrial Crating & Packing Inc F · AbTox, Inc. v. Exitron Corp. · Ball Corporation v. United States · In re Willingham
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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“determine whether and in what `aspect' the reissue claims are broader than the patent claims.”
3 later decisions quote this exact passage · from the majority“(1) Whether the reissue claims are broader than the original patent claims and the extent of the expansion. (2) Whether the broader aspects of the reissued claims relate to subject matter surrendered during the prosecution of the original patent application. (3) If there are also narrower aspects of the reissue claims, invalidity may only be avoided if: (a) the narrower aspects also relate to the surrendered subject matter and, if so, (b) the reissue claims are, on balance, narrower than the original claims in a manner directly pertinent to the surrendered subject matter.”
2 later decisions quote this exact passage · from the majority“The second step is to determine whether the broader aspects of the reissued claim related to surrendered subject matter.”
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.