Powder Power Tool Corp. v. Powder Actuated Tool Co.’s Empirical Analysis
230 F.2d 409 · 1956
Citation profile
45 federal appellate ·
How this case has been cited
Cited by 77 later decisions — most recently January 2009 · most notably Autogiro Co. of America v. United States (1967), Pursche v. Atlas Scraper & Engineering Co. (1961)
45 federal appellate ·
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 McNutt v. General Motors Acceptance Corp. · Great Atlantic & Pacific Tea Co. v. Supermarket Equipment Corp. · Hurn v. Oursler · Lincoln Engineering Co of Illinois v. Stewart-Warner Corporation · Sinclair & Carroll Co. v. Interchemical Corp.
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 77 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““It must appear that both the federal and non-federal causes rest upon substantially identical facts.””
3 later decisions quote this exact passage““(I)n the absence of some special showing, the managing officers of a corporation are not liable for the infringements of such corporation, though committed under their general direction. The uncertainty surrounding the questions of validity and infringement make any other rule unduly harsh and oppressive. “It is when the officer acts willfully and knowingly — that is, when he personally participates in the manufacture or sale of the infringing article (acts other than as an officer), or when he uses the corporation as an instrument to carry out his own willful and deliberate infringements, or when he knowingly uses an irresponsible corporation with the purpose of avoiding personal liability — that officers are held jointly with the company. The foregoing are by no means cited as the only instances when the officers may be held liable, but they are sufficient for the present case.””
1 later decision quote this exact passage““The District Courts shall have original jurisdiction of any civil action asserting a claim of unfair competition when joined with a substantial and related claim under the copyright, patent or trademark laws.””
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.