Public-domain · open source
OpenJurist
← 264 F.3d 1094 - Jazz Photo Corporation Dynatec International Inc Opticolor Inc v. International Trade Commission

Jazz Photo Corporation Dynatec International Inc Opticolor Inc v. International Trade Commission’s Empirical Analysis

264 F.3d 1094 · 2001

Citation profile

81
cited by 81 later decisions
2
cited 2 times by the Supreme Court
July 2019
most recently cited

37 federal appellate · 10 district ·

Relationships

Relies on United States v. Aluminum Co. of America · Aro Manufacturing Co. v. Convertible Top Replacement Co. · Hercules Incorporated v. United States · Baltimore Co v. United States · United States v. Masonite 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 81 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “United States patent rights are not exhausted by products of foreign provenance. To invoke the protection of the first sale doctrine, the authorized first sale must have occurred under the United States patent. Our decision applies only to [patented articles] for which the United States patent right has been exhausted by first sale in the United States.”
    5 later decisions quote this exact passage · from the majority
  2. “(1) removing the cardboard cover, (2) cutting open the plastic casing, (3) inserting new film and a container to receive the film, (4) replacing the winding wheel for certain cameras, (5) replacing the battery for flash cameras, (6) resetting the counter, (7) resealing the outer case, and (8) adding a new cardboard cover.”
    5 later decisions quote this exact passage · from the majority
  3. “'exhausts' the patentee's right to control further sale and use of that article”
    5 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.