Public-domain · open source
OpenJurist
← 151 F.2d 374 - Klumb v. Roach

Klumb v. Roach’s Empirical Analysis

151 F.2d 374 · 1945

Citation profile

12
cited by 12 later decisions
March 1992
most recently cited

4 federal appellate · 2 district ·

How this case has been cited

Cited by 12 later decisions — most recently March 1992

4 federal appellate · 2 district ·

40194519501960197019801990decided

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. § 41

Relies on State v. United States · United States v. Hellard · United States v. Washington Institute of Technology, Inc. · Parker Rust-Proof Co. v. Western Union Telegraph Co. · Nachod & United States Signal Co. v. Automatic Signal Corp.

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

  1. ““It must be remembered that this is not an ordinary equitable action but is predicated solely upon a statutory provision which confers jurisdiction upon the court and fixes the rights of the parties. In order for plaintiff to bring himself within the terms of § 4915 and before the court can adjudicate the rights of the parties, certain things must exist: (1) Plaintiff must have elected to proceed in a District Court rather than by appeal to the United States Court of Customs and Patent Appeals; (2) his complaint must be filed within six months after the decision of the Patent Office; and (3) notice must be given to adverse parties and other due proceedings had. It is our view that these requirements are jurisdictional and the complaint by appropriate allegations must show that the requirements are met; otherwise, the court is without jurisdiction.””
    1 later decision quote this exact passage · from the majority
  2. “powerless to restrain a party from paying the final legal fee.”
    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.