Pentlarge v. Pentlarge’s Empirical Analysis

Citation profile

2 federal appellate · 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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “"By this plea the defendant admits the averment of the bill that the plaintiff’s patent is for the same invention as that described in the defendant’s patent, and also that the plaintiff was the first inventor. Upon these facts, according to the statute, the plaintiff should have a decree declaring the defendant’s patent void, and yet, if the plea, he allowed, the plaintiff will obtain no adjudication upon this question, while the defendant will obtain a decree declaring the plaintiff’s patent void, and leaving his own to stand; and this, too, when the facts stated in his plea., if true, stated in connection with the facts stated in the bill which are admitted, show the defendant’s patent to be also void. The defendant, then, by his plea and his admission taken together, shows his own patent void, and upon that showing claims a decree declaring the plaintiff’s patent void, and leaving his own unaffected.””

   1 later decision quote this exact passage
   e.g. Palmer Pneumatic Tire Co. v. Lozier

2. ““If the defendant in such an action may attack the plaintiff’s invention upon any grounds which the statute permits to he set up by answer in an action for infringement, it would then result that the proceeding would fail to secure an adjudication of the question of interference, and so the proceeding be rendered futile for the purpose which the statute intended should be accomplished.””

   1 later decision quote this exact passage
   e.g. Palmer Pneumatic Tire Co. v. Lozier