The Cold Metal Process Company v. United Engineering & Foundry Company’s Empirical Analysis
235 F.2d 224 · 1956
Citation profile
20 federal appellate · 2 district · 1 state decisions
How this case has been cited
Cited by 34 later decisions (1 by the Supreme Court) — most recently March 2002 · most notably Deepsouth Packing Co. v. Laitram Corp. (1972), Paper Converting Machine Co. v. Magna-Graphics Corp. (1984)
20 federal appellate · 2 district · 1 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
Applies 35 U.S.C. § 154 · 35 U.S.C. § 271
Relies on Klaxon Co. v. Stentor Electric Manufacturing Co. · Cold Metal Process Company v. United Engineering & Foundry Company · Cimiotti Unhairing Company v. American Fur Refining Company · United States v. Bethlehem Steel Corp. · Adams v. Burke
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.
““Its force, in our view, is not impaired by the later opinion of the court after final hearing in the same case, 2 Cir., 1937, 90 F.2d 612 , which held that the defendant had infringed the combination patent there sued on in view of evidence that the radio sets in question had been completely assembled in this country and tests of operation made after which they were disassembled and shipped to purchasers abroad. We do not quarrel with the conclusion of the court that such assembling and testing constituted a making and use of the patented combination in this country. In the present case, however, no such assembling or testing in this country took place. Accordingly the rule laid down in the first Andrea opinion applies here rather than that stated in the second.” 235 F.2d at 230 .”
2 later decisions quote this exact passage · from the majority“* * * Cold Metal shall grant to United a license to make, use and sell rolling mills under such [common] claim or claims, which license shall be exclusive to United for 4-high hot mills and for 4-high cold mills in which the major portion of the power required by a roll stand is supplied to the rolls directly and not through tension exerted on the material for pulling it through the rolls; Cold Metal, however, reserving the right to make or have made for its own use and to use in its own plant or plants such hot and cold mills, and provided further that Cold Metal shall have the right to make, use and sell or to .license others to make, use and sell such 4-high hot mills in combination with means for coiling the rolled strip between passes as described in the pending application of A. P. Steckel, Serial No. 198,915, filed June 15, 1927.”
1 later decision quote this exact passage · from the majority“This brings us to the consideration of the second group of mills, all the parts of which were manufactured in the United States, but which were shipped unassembled to foreign countries and there assembled and used. The master held that these mills were not within the license because, if there had been no license, United would not have been either a direct or a contributory infringer with respect to them. He based his conclusion upon the rule laid down by the Court of Appeals for the Second Circuit in Radio Corporation of America v. Andrea, 1935, 79 F.2d 626, a case involving the sale for export of unassembled radio sets involving a patented combination when assembled.”
1 later decision 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.