Reed v. Parrack’s Empirical Analysis

Citation profile

3 federal appellate ·

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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““If, to paraphrase the playwright, ‘the combination is the thing’ then all that goes to make up that combination is indispensable to its very existence. In more traditional terms, this leads to the universal principle of patent law that in a combination every element is essential and the patentee may not after issuance assert that that which was described as essential was immaterial after all. * * * If an element is completely missing as it is here and the function of that element is not afforded by that which remains, then there can be no infringement no matter how immaterial from a practical operational sense the missing component may have been.””

   2 later decisions quote this exact passage · from the majority
   e.g. Merry Manufacturing Company v. Burns Tool Company · Howell Tire Co. v. Gordy Tire Co.

2. ““by the disclosure of the numerous prior patents cited as a reference in the patent itself, the file wrapper of its slow and tortuous passage through the Patent Office, as well as numerous other prior patents.””

   1 later decision quote this exact passage · from the majority
   e.g. Specmade Products, Inc. v. Barnett

3. ““in an already crowded field requiring a narrow construction and a like narrow range of equivalents,””

   1 later decision quote this exact passage · from the majority
   e.g. Specmade Products, Inc. v. Barnett