Crowson v. Dennington’s Empirical Analysis

Citation profile

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

1. ““Generally speaking, the test of infringement is whether or not the ■ accused device performs the same work as the patented device in substantially the same way and accomplishes substantially the same result; if so, there is an infringement even though there may be variations in form, nomenclature or proportion. 40 Am.Jur. ‘Patents,’ Section 155, p. 643; Electric Protection Co. v. American Bank, etc., Co., 8 Cir., 184 F. 916 ; McKays Co. v. Penn Electric Switch Co., 8 Cir., 60 F.2d 762 ; Irvin v. Buick Motor Co., * * Cir., 88 F.2d 947 ; Montgomery Ward & Co. v. Clair, 8 Cir., 123 F.2d 878 . In the case last cited the Court said: ‘ * * * It is settled that “to sustain the charge of infringement the infringing device must be substantially identical with the one alleged to be infringed in (1) the result attained; (2) the means of attaining that result; and (3) the manner in which its different parts operate and cooperate to produce result. If the devices are substantially different in either of [those] respects, the charge of infringement is not sustained.” * * * ’ ””

   1 later decision quote this exact passage
   e.g. 196 F. Supp. 664 - McGraw Edison Company v. Central Transformer Corp.