Jacuzzi Bros. v. Berkeley Pump Co.’s Empirical Analysis
191 F.2d 632 · 1951
Citation profile
54 federal appellate · 2 district ·
How this case has been cited
Cited by 70 later decisions (2 by the Supreme Court) — most recently June 2011 · most notably Microsoft Corp. v. i4i Ltd. Partnership (2011), Microsoft Corp. v. i4i Ltd. Partnership (2011)
54 federal appellate · 2 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 Universal Camera Corp. v. National Labor Relations Board · United States v. Pierce Auto Freight Lines, Inc. · Cuno Engineering Corporation v. Automatic Devices Corporation · Lincoln Engineering Co of Illinois v. Stewart-Warner Corporation · Carnegie Steel Company v. Cambria Iron Company
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 70 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“* * * it is contended that since the Patent Office and the Trial Court disagreed, we should find the facts de novo. The assumption of such authority by the appellate court would be an usurpation. However, we examine the facts to determine whether the findings of the Trial Judge are clearly erroneous under Rule 52 * * * and must be set aside. "If there is not firm adherence to such a rule, everything is cast adrift. The trial courts find the facts. If appellate courts exercise no self-restraint, then, after the primary facts are thus found, these same facts are found anew twice over, with varying results. Not only is there no finality, but the findings may change with the shifting personnel or on subsequent hearings. Not only finality, but stability is lost. All is confusion.”
1 later decision quote this exact passage · from the majority“But further, a great many of the patents, which were brought to light in this lawsuit and considered by the Trial Court, had not been previously considered by the Patent Office. Even one prior art reference, which has not been considered by the Patent office, may overthrow the presumption of validity, and, when the most pertinent art has not been brought to the attention of the administrative body, the presumption is largely dissipated. Such is the case here.”
1 later decision quote this exact passage · from the majority““Generally, the action of the Patent Office in allowing the patent creates a presumption of validity. However, even one prior art reference which has not been considered by the Patent Office may overthrow this presumption. [Citing cases.] When the most pertinent art has not been brought to the attention of the administrative body the presumption is largely dissipated. [Citing cases.] The facts in the present case justify the invocation of such rules.””
1 later decision quote this exact passage · from the majority
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.