Kenyon v. Automatic Instrument Co.’s Empirical Analysis

Citation profile

6 federal appellate · 1 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 12 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““It is urged that the patent notice estops appellee from raising the defense claimed here. The notice lists 14 patents under the following statement: ‘This device is manufactured under one or more of the following patents * * *.’ * * * Various cases are cited in which the existence of a patent notice, together with other circumstances, was held to have bearing upon the question of liability for royalties. Cf. Harley C. Loney Co. v. Perfect Equipment Corp., 7 Cir., 178 F.2d 165 ; Kant-Skore Piston Co. v. Sinclair Mfg. Corp., 6 Cir., 32 F.2d 882 ; Collis Co. v. Consolidated Machine Tool Corp., 8 Cir., 41 F.2d 641, 645 . “We think these decisions are not controlling in the factual situation here presented. In each of the cited cases the identical, or substantially the same tool was manufactured during the period for which royalties were claimed. * * * Here, in 1933, the tools, dies, and jigs for manufacture under the Kenyon patent were scrapped, entirely new machine tools were set up and entirely new devices were manufactured. No royalties were paid thereafter. * * * At any rate on February 10, 1934, Kenyon wrote to the appellee and expressed his interest in ‘the new line of phonographs,’ and in a possible declaration of dividends, but raised no claim for royalties until 1941.””

   1 later decision quote this exact passage · from the majority
   e.g. 140 F. Supp. 46 - Smiths America Corp. v. Bendix Aviation Corp.