Faulkner v. Gibbs’s Empirical Analysis
199 F.2d 635 · 1952
Citation profile
26 federal appellate · 5 district · 2 state decisions
How this case has been cited
Cited by 51 later decisions — most recently August 2020 · most notably Rite-Hite Corporation Hmh Hoj Rb We v. Kelley Company Inc (1995), 318 F. Supp. 1116 - Georgia-Pacific Corp. v. United States Plywood Corp. (1970)
26 federal appellate · 5 district · 2 state decisions
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 United States v. United States Gypsum Co. · Dowagiac Manufacturing Company v. Minnesota Moline Plow Company No 6 Dowagiac Manufacturing Company · Halliburton Oil Well Cementing Co. v. Walker · Rude v. Westcott · Clark Ex'X v. Wooster
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 51 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““What is a reasonable royalty is a question of fact. A reasonable royalty is an amount which a person, desiring to use a patented article, as a business proposition, would be willing to pay as a royalty and yet be able to use the patented article at a reasonable profit. The primary inquiry, often complicated by secondary ones, is what the parties would have agreed upon, if both were reasonably trying to reach an agreement. “There is no mathematical formula for the determination of a reasonable royalty. The property loss of a patentee from infringement may arise from such varying facts and circumstances that each case must be controlled by those peculiar to it and except in rare instances the loss can only be determined by reasonable approximation.” At page 639. (Emphasis added)”
1 later decision quote this exact passage“permissibly] show the value of what has been taken by the infringement by proving what would have been a reasonable royalty, considering the nature of the invention, its utility and advantages, and the extent of the use involved. What is a reasonable royalty is a question of fact_ The primary inquiry, often complicated by secondary ones, is what the parties would have agreed upon, if both were reasonably trying to reach an agreement. There is no mathematical formula for the determination of a reasonable royalty. The property loss of a patentee from infringement may arise from such varying facts and circumstances that each case must be controlled by those peculiar to it and except in rare instances the loss can only be determined by reasonable approximation.”
1 later decision quote this exact passage““The statutory provision governing this question [of the monetary recompense due the owner of an infringed patent] is [the 1946 amendment]. * * * Save for the omission of any reference to profits as a basis of recovery in infringement cases5 this provision makes no change in the long-settled law on the subject.” [Report at 38.] [Italics are the Special Master’s; parts in brackets are added by the court.]”
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.