Trager v. Crest Specialty’s Empirical Analysis

Citation profile

12 federal appellate ·

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

1. “Here the [District] court heard the testimony of a number of witnesses, including that of an expert. It expressly found the expert testimony, in certain respects, unworthy of credit. It saw demonstrations of the various devices in court. It passed upon the credibility of the witnesses. It acquired the knowledge that comes from practical demonstration of the two devices. Finally, it made its findings and conclusions of novelty, utility, patentable invention and infringement. To declare them clearly erroneous would be to overturn the trial court's decision upon controverted evidence and to usurp its function of passing upon the credibility of witnesses; this, under the authoritative decisions cited, we are not permitted to do.”

   1 later decision quote this exact passage · from the majority
   e.g. Oriental Foods, Inc., a Corporation v. Chun King Sales, Inc., and Jeno F. Paulucci, Chun King Sales, Inc., and Jeno F. Paulucci v. Oriental Foods, Inc., a Corporation

2. ““The test as to whether infringement exists is whether the accused device does the same work in the same way and accomplishes the same result as the patented device. Nordberg Mfg. Co. v. Woolery Mach. Co., 7 Cir., 79 F.2d 685 .””

   1 later decision quote this exact passage · from the majority
   e.g. 140 F. Supp. 936 - Edwards v. Velvac, Inc.