Ethicon Endo-Surgery, Inc. v. United States Surgical Corp.’s Empirical Analysis
149 F.3d 1309 · 1998
Citation profile
118 federal appellate · 25 district ·
How this case has been cited
Cited by 334 later decisions — most recently December 2023 · most notably Scimed Life Systems, Inc. v. Advanced Cardiovascular Systems, Inc. (2001), NTP, Inc. v. Research in Motion, Ltd. (2005)
118 federal appellate · 25 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 Anderson v. Liberty Lobby, Inc. · MARKMAN Et Al. v. WESTVIEW INSTRUMENTS, INC., Et Al. · Graver Tank & Mfg. Co. v. Linde Air Products Co. · Warner-Jenkinson Company Inc v. Hilton Davis Chemical Co · Markman v. Westview Instruments, Inc.
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 334 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.”
23 later decisions quote this exact passage · from the majority“[A]ny analysis of infringement under the doctrine of equivalents necessarily deals with subject matter that is `beyond,' `ignored' by, and not included in the literal scope of a claim.”
8 later decisions quote this exact passage · from the concurrence“Whether a component in the accused subject matter performs substantially the same function as the claimed limitation in substantially the same way to achieve substantially the same result may be relevant to this determination.”
7 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.