Pickholtz v. Rainbow Technologies, Inc.’s Empirical Analysis
284 F.3d 1365 · 2002
Citation profile
21 federal appellate · 7 district · 6 state decisions
How this case has been cited
Cited by 73 later decisions — most recently October 2025 · most notably Innova/Pure Water, Inc. v. Safari Water Filtration Systems, Inc. (2004), Depuy Spine, Inc. v. Medtronic Sofamor Danek, Inc. (2009)
21 federal appellate · 7 district · 6 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 28 U.S.C. § 1295 · 35 U.S.C. § 103 · 42 U.S.C. § 1988
Relies on Anderson v. Liberty Lobby, Inc. · Alyeska Pipeline Service Company v. Wilderness Society · MARKMAN Et Al. v. WESTVIEW INSTRUMENTS, INC., Et Al. · Chambers v. Nasco, Inc. · Warner-Jenkinson Company Inc v. Hilton Davis Chemical Co
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 73 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The rule requires that the expenses be “incurred.” We consider that term to be controlling on the issue, as the term means “[t]o have liabilities cast upon one by act or operation of law, as distinguished from contract, where the party acts affirmatively[; t]o become liable or subject to.” Thus, one cannot “incur” fees payable to oneself, fees that one is not obliged to pay. Moreover, the word “attorney” connotes an agency relationship between two parties (client and at torney), such that fees a lawyer might charge himself are not “attorney fees.” Nor are such fees a payable “expense,” as there is no direct financial cost or charge associated with the expenditure of one’s own time.”
2 later decisions quote this exact passage · from the majority“if the pleadings, depositions, answers to interrogatories, and admissions on file, together with the affidavits, if any, show that there is no genuine issue as to any material fact and that the moving party is entitled to a judgment as a matter of law.”
2 later decisions quote this exact passage · from the majority“one cannot `incur' fees payable to oneself, fees that one is not obliged to pay,”
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.