Upjohn Co. v. Schwartz’s Empirical Analysis
246 F.2d 254 · 1957
Citation profile
27 federal appellate · 3 district ·
How this case has been cited
Cited by 62 later decisions (1 by the Supreme Court) — most recently May 2002 · most notably Qualitex Co. v. Jacobson Products Co. (1995), In re Deister Concentrator Co. (1961)
27 federal appellate · 3 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
Relies on William Warner Co v. Eli Lilly & Co · LaTouraine Coffee Co. v. Lorraine Coffee Co. · Joshua Meier Co. v. Albany Novelty Manufacturing Co. · Chas. D. Briddell, Inc. v. Alglobe Trading 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 62 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The defendant could put up his drug preparations, using the same formula and even the same size and color for his capsules and tablets, if he took adequate precautions to prevent the substitution of his products for plaintiff's, a result that was likely to happen due to the close similarity of the two products, and if he did not resort to any deceitful practices.”
1 later decision quote this exact passage · from the majority“To require that ... it must be shown that the druggist did what defendant made possible for them to do, and had even suggested that they do, and which was to their profit to do, before a court of equity will intervene, runs counter to the inherent power of the court of equity to prevent an intended fraud from reaching its full fruition.”
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.