Electric Candy Machine Co. v. Morris’s Empirical Analysis
156 F. 972 · 1905
Citation profile
4 federal appellate · 3 district · 1 state decisions
How this case has been cited
Cited by 11 later decisions — most recently November 1970
4 federal appellate · 3 district · 1 state decisions
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 Washburn Moen Manuf'G Co v. Beat 'Em All Barbed-Wire Co · Westinghouse v. Boyden Power Brake Co. · Loom Company v. Higgins · Union Paper-Bag Machine Company v. Murphy · National Hollow Brake-Beam Co. v. Interchangeable Brake-Beam Co.
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It is claimed that the Kochs’ patent raises a prima facie presumption that there is a patentable difference between defendant’s machine and complainant’s machine. But this presumption does not exclude the fact that the later patent may embody things which are the exclusive property of the complainant under a prior patent. In other words, it may be that Kochs’ patent contains improvements which this complainant cannot use, but it does not follow that therefore Kochs’ patent also absorbs improvements theretofore invented by and patented to complainant’s assignors. If, therefore, as the court has found, defendant’s machine infringed on certain essential features of complainant’s machine, the mere fact that it is constructed in accordance with a subsequent patent issued to another party'is no defense. Blanchard v. Putnam, 8 Wall. 420 , 19 L. Ed. 433 ; Norton v. Eagle Co. (C. C.) 59 F. 137 .””
1 later decision quote this exact passage · from the majority““A device of sucli novelty and importance as to mark a distinct step in the progress of the art as distinguished from mere improvement or perfection of what had gone before.””
1 later decision quote this exact passage · from the majority““We do not confine ourselves to the exact construction of the machine as shown in the drawings, as it is obvious that various forms might be given to the essential parts,””
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.