In re Beckwith’s Empirical Analysis

Citation profile

3 federal appellate · 4 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““All persons accounting before a master shall bring in their respective accounts in the form of debtor and creditor; and any of the other parties who shall not be satisfied with the account so brought in shall be at liberty to examine the accounting party viva voce, or upon interrogatories in the master’s office, or by deposition as the master shall direct.””

   2 later decisions quote this exact passage
   e.g. Beckwith v. Malleable Iron Range Co. · Coffield Motor Washer Co. v. Wayne Mfg. Co.

2. ““The-purpose ‘of requiring the accounting party to bring in his account in the form of debtor and creditor is to compel discovery from him as to the details of the transaction under investigation.’ 2 Bates on Fed. Eq. Brae. 759. See, also, 1 Pomeroy, Eq. Jur. 223-239. So ascertainment of the profits attributable to the infringement requires such discovery, not alone of the gross sales, but of all items of cost entering into the production and sale, which are presumptively within the knowledge or means of information possessed by the infringing manufacturer. In reference to these items, it is rightly averred in 'the defendant’s answer that they involve ‘many factors and considerations which do not enter into ordinary accountings’; that to ascertain the profits ‘many deductions are allowed to the defendant’ for various expenses, including ‘proportional overhead exxienses’ entering into the iiroduction and sale. Nevertheless they are plainly capable of specification in the form of debits and credits for the purposes of the accounting, and the complications mentioned, together with the fact that the items are within the exclusive knowledge and possession of the defendant, furnish ample ground for such specification in conformity with the equity rule. It cannot reasonably be assumed that these items entering into the cost appear in detail in the ordinary books of account; but, in whatever form the information is xireserved or may be obtained by the manufacturer, we believe it to b”

   1 later decision quote this exact passage
   e.g. Beckwith v. Malleable Iron Range Co.