Scofield v. Browne’s Empirical Analysis

Citation profile

2 district ·

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

1. ““It is not for us to say that this ‘most delicate monster’ does not ‘please the eye of the beholder.’ for the proofs show that It has enhanced the salable value and enlarged the demand for the trinkets it was intended to adorn. Walker on Patents, § 22. And as to infringement there can be no reasonable doubt. The head of the defendants does not materially differ from that ol’the patent, being distinguishable from it only by the absence of the ray-like members, ‘e’; and we cannot suppose that the removal of these appendages was at all likely to be observed by an ordinary purchaser. Gorham Co. v. White, 14 Wall. 511 , 20 L. Ed. 731 . The two designs are certainly very much alike in general appearance. Each is ‘an ornamental head,’ and both, if either, may be regarded as that of ‘a carnivorous animal,’ and each has the mouth open to expose the teeth, and, ‘like the toad, ugly and venomous, wears yet a precious jewel in his head.’ The only difference worthy of mention, as has been noted, is in what may be called the’whisker portion of the face, and it is not possible to believe that the intention of the defendants in creating this difference was to make a design ‘so various that the mind of desultory man, studious of change and pleased with novelty, might be indulged.’ ””

   1 later decision quote this exact passage · from the majority
   e.g. Macbeth-Evans Glass Co. v. Rosenbaum Co.