Ezee Stone Cutter Manufacturing Company, a Corporation, and Bo Gann and James Willis v. Southwest Industrial Products, Inc., Southwest Industrial Products, Inc. v. Ezee Stone Cutter Manufacturing Company, a Corporation’s Empirical Analysis
262 F.2d 183 · 1959
Citation profile
7 federal appellate · 1 district ·
How this case has been cited
Cited by 18 later decisions — most recently October 1975
7 federal appellate · 1 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 Expanded Metal Co. v. Bradford · Leeds Catlin Company v. Victor Talking Machine Company · Cleo Syrup Corp. v. Coca-Cola Co. · Pointer v. Six Wheel Corp. · Aetna Life Insurance v. Barnett
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 18 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““ ‘The issuance of a patent is prima facie evidence of both novelty and utility (see 35 U.S.C.A. § 282 ), and when one attacks a patent he must make good his attack with reasonable clearness. He has the burden of proof, and every reasonable doubt will be resolved against him. Donner v. Sheer Pharmacal Corporation, 8 Cir., 1933, 64 F.2d 217, 221 , and cases cited; G. H. Packwood Mfg. Co. v. St. Louis Janitor Supply Co., 8 Cir., 1941, 115 F.2d 958, 964-965 . “ ‘In a ease where the patentability of a claimed invention is in issue, evidence of commercial success is admissible and may be forthcoming. In a doubtful case, such evidence may turn the scale in favor of the plaintiff. See Donner v. Sheer Pharmacal Corporation, supra, at page 221 of 64 F.2d, and cases cited. “ ‘In such a case, evidence that the patent device or combination solved a long-felt want and an old problem which had baffled those skilled in the art is also admissible. [Citing cases]”’”
2 later decisions 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.