Schering Corp. v. Gilbert’s Empirical Analysis
153 F.2d 428 · 1946
Citation profile
12 federal appellate · 5 district ·
How this case has been cited
Cited by 42 later decisions (1 by the Supreme Court) — most recently January 2004 · most notably United States v. Adams (1966), Carter-Wallace, Inc. v. William N. Otte, as Trustee in Bankruptcy of Davis-Edwards Pharmacal Corp. (1973)
12 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 Mercoid Corporation v. Mid-Continent Inv Co · Westinghouse v. Boyden Power Brake Co. · General Electric Co. v. Wabash Appliance Corp. · Altoona Publix Theatres, Inc. v. American Tri-Ergon Corp. · Corona Cord Tire Co. v. Dovan Chemical 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 42 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ * * * it is necessary to understand what the inventors did as well as what they sought to accomplish and give recognition to their end result as a novel and useful improvement, not in the art of organic chemistry but in that of cholecys-tography.” [Emphasis added.]”
3 later decisions quote this exact passage · from the majoritye.g. In re Papesch · In re Lunsford“* * The utter novelty of this product makes the seemingly slight departure from the old deceptive unless it is kept in mind that such things must be evaluated not alone by the degree of the change but also by reference to the purpose sought to be accomplished.”
3 later decisions quote this exact passage · from the majority“while analogy is at times useful, organic [as well as inorganic] chemistry is essentially an experimental science and results are often uncertain, unpredictable and unexpected.”
1 later decision quote this exact passage · from the majoritye.g. In re Carleton
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.