Kessler v. Eldred’s Empirical Analysis

Citation profile

195 federal appellate · 84 district · 13 state decisions

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 445 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““This judgment, whether it proceeds upon good reasons or upon bad reasons, whether it was right or wrong, settled finally and everywhere, and so far as Eldred, by virtue of his ownership of the Chambers patent, was concerned, that Kessler had-the right to manufacture, use, and sell the electric cigar lighter before the court, The court, having before it the respective rights and duties on the matter in queshion of the parties to the litigation, conclusively decreed the right of Kessler to manufacture and sell his manufactures free from all interference from Eldred by virtue of the Chambers patent, and the corresponding duty of Eldred to recognize and yield to that right everywhere and always. * * * The effect which may reasonably be anticipated of harassing the purchasers of Kessler’s manufactures by claims for damages on account of the use of them would be to diminish Kessler’s opportunities for sale. No one wishes to buy anything if with it he must buy a law suit. That the effect to be anticipated was the actual effect of the Breitwieser suit is shown by the statement of facts. Kessler’s customers ceased to send orders for lighters, and even refused to pay for those which had already been delivered. Any action which has such results is manifestly in violation of the obligation of Eldred, and the corresponding right of Kessler, established b7 the judgment. Leaving entirely out of view any rights which Kessler s customers nave or may have, it is Kessler s n£bt that those cust”

   8 later decisions quote this exact passage · from the majority
   e.g. Rubber Tire Wheel Co. v. Goodyear Tire & Rubber Co. · Hurd v. Seim

2. ““First. Did the decree in Kessler’s favor, rendered by the circuit court for the district of Indiana in the suit of Eldred against Kessler, have the effect of entitling Kessler to continue the business of manufacturing and selling throughout the United States the same lighter he had theretofore been manufacturing and selling, without molestation by Eldred, through the Chambers patent? “Second. Did the decree mentioned in the first question have the effect of making a suit by Eldred against any customer of Kessler’s for alleged infringement of the Chambers patent by use or sale of Kessler’s lighters a wrongful interference by Eldred with Kessler’s business ? “Third. Did Kessler’s assumption of the defense of Eldred’s suit against Breitwieser deprive Kessler of the right, if that right would otherwise exist, of proceeding against Eldred in the state and district of his citizenship and residence for wrongfully interfering with Kessler’s business? “Fourth. If Eldred’s acts were wrongful, had Kessler an adequate remedy at law?””

   1 later decision quote this exact passage
   e.g. Ransburg Electro-Coating Corp. v. Williams

3. ““This judgment, whether it proceeds upon good reasons or upon bad reasons, whether it was right or wrong, settled'finally and everywhere, and so far as Eldred, by virtue of his ownership of the Chambers patent, was concerned, that Kessler had the right to manufacture, use, and sell the electric cigar 15Shier before ihe court. The court, having before it the respective rights and duties on the matter in question of the parties to the litigation, conclusively decreed the right of Kessler to manufacture and sell his manufactures free trota all interference from Etdred by virtue of the Chambers patent, and the corresponding duly of Elclred to recognize and yield to that right everywhere. ' - If rights between litigants are once established by the final judgment of a court of compe!ent jurisdiction, those rights must be recognized in every way, and wherever the judgment is entitled to respect, by those who are bound by it.””

   1 later decision quote this exact passage · from the majority
   e.g. Continuous Extracting Press Corp. v. Eastern Cotton Oil Co.