Pohl v. Anchor Brewing Co.’s Empirical Analysis
134 U.S. 381 · 1890
Citation profile
8 federal appellate · 5 district ·
How this case has been cited
Cited by 44 later decisions (1 by the Supreme Court) — most recently August 1945 · most notably Leeds Catlin Company v. Victor Talking Machine Company (1909), Hobbs v. Beach (1901)
8 federal appellate · 5 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 Beach v. . Nixon · Bate Refrigerating Co. v. Hammond · Marrow v. Brinkley · Oakley v. Schoonmaker
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 44 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““Wo aro of opinion that In the present case, where the Canadian statute raider which the extensions of the Canadian patent were granted was in force when the United States patent was issued, and also when that patent was applied for, and where, by the Canadian statute, the extension of the patent for Canada was a. matter entirely of right, at the option of the patentee, on his payment of a required fee, and where the fifteen years’ term of the Canadian patent lias been continuous and without interruption, the United Slates patent does not expire before the end of the fifteen years’ duration of the Canadian patent. This is time although the United States patent runs, on its face, for seventeen yéars from its date, and is not, on its face, so limited as to expire at the samo time with the foreign patent; it not being necessary that the United State's patent should, on its face, be limited in duration to the duration of the foreign patent.””
1 later decision quote this exact passage · from the majority“•‘There is nothing in the statute which admits of the view that the duration of the United Slates patent is to he limited by anything but the duration of tlie legal term of the foreign patent in force at the time of the issuing of the United States patent, or that it is lo lie limited by any lapsing or forfeiture of any portion of the term of such foreign patent, by means of the operation of a condition subsequent, according to the foreign statute. In saying that ‘every patent granted for an invention which has been previously patented in a, foreign country shall be so limited as to expire at the same time with the foreign patent,’ the statute manifestly assumes that the patent previously .granted in a foreign country is one granted for a definite term; and its meaning is that the United States patent shall be so limited as to expire at the same time with such term of the foreign patent.””
1 later decision quote this exact passage · from the majority““The ground of this conclusion was that the ‘term’ of the Canadian patent granted in January, 1877, was, by the Canadian statute, at all times a term of fifteen years’ duration, made continuous and uninterrupted by the action of the patentee, as a matter entirely of right, at his own option.””
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.