In re Johnson’s Empirical Analysis
175 F.2d 791 · 1949
Citation profile
7 federal appellate · 1 district ·
How this case has been cited
Cited by 40 later decisions — most recently April 1979 · most notably Thabet Manufacturing Company, D.B.A. American Beauty Ventilated Aluminum Awning Company v. Kool Vent Metal Awning Corporation of America (1955), In re Laverne (1966)
7 federal appellate · 1 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 Gorham Company v. White · Smith v. Whitman Saddle Co. · A. C. Gilbert Co. v. Shemitz · In re Faustmann · Imperial Glass Co. v. Heisey
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 40 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““While patentable designs may result from regrouping familiar forms and decorations, the substitution of a slightly different form already in use in articles of the class to which the design is applied, does not merit a monopoly. [Emphasis added.] [Citing Imperial Glass Co. v. A. H. Heisey & Co., 6 Cir., 294 F. 267 .]””
3 later decisions quote this exact passage“that the degree of difference [from the prior art] required to establish a patentable distinction occurs when the average observer takes the new design for a different, and not a modified, already-existing design.”
1 later decision quote this exact passage“obvious expedients to a designer skilled in the art.”
1 later decision quote this exact passage
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.