Cummings v. Moore’s Empirical Analysis
202 F.2d 145 · 1953
Citation profile
24 federal appellate · 4 district ·
How this case has been cited
Cited by 34 later decisions — most recently June 2005 · most notably Autogiro Co. of America v. United States (1967), Consolidated Electrodynamics Corp. v. Midwestern Instruments, Inc. (1958)
24 federal appellate · 4 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
Applies 28 U.S.C. § 1338
Relies on Atlantio Works v. Brady Brady · Becher v. Contoure Laboratories, Inc. · Kennedy v. Hazelton · Aralac, Inc. v. Hat Corp. · Hook v. Hook & Ackerman, Inc.
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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“In the absence of diversity of citizenship with the requisite amount in controversy, a United States Court does not have jurisdiction under the patent laws of an action in which the gravamen of the claim pleaded in the complaint is that a confidential relation existed between plaintiff and defendant; that in wrongful disregard of the relation defendant obtained a patent upon the invention of plaintiff; that defendant is trustee ex maleficio for plaintiff in respect to the ownership of the patent; arid that defendant should be required to deliver to plaintiff an assignment of such patent. The general equitable right of plaintiff in an action solely and exclusively of that nature is independent of the patent laws.”
2 later decisions 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.