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← 289 F.3d 801 - Catalina Marketing International Inc v. Coolsavingscom Inc

Catalina Marketing International Inc v. Coolsavingscom Inc’s Empirical Analysis

Citation profile

163
cited by 163 later decisions
August 2024
most recently cited

48 district ·

How this case has been cited

Cited by 163 later decisions — most recently August 2024 · most notably In Re Cruciferous Sprout Litigation (2002), 387 F. Supp. 2d 869 - CIVIX-DDI, LLC v. Cellco Partnership (2005)

48 district ·

880200020102020decided

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 Anderson v. Liberty Lobby, Inc. · Celotex Corporation v. Catrett H · Graver Tank & Mfg. Co. v. Linde Air Products Co. · Warner-Jenkinson Company Inc v. Hilton Davis Chemical Co · Cybor Corporation v. Fas Technologies, Inc., and Fastar Ltd., Defendants-Cross

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

  1. “where a patentee defines a structurally complete invention in the claim body and uses the preamble only to state a purpose or intended use for the invention.”
    24 later decisions quote this exact passage · from the majority
  2. “Inventor A invents a shoe polish for shining shoes (which, for the sake of example, is novel, useful, and nonobvious). Inventor A receives a patent having composition claims for shoe polish. Indeed, the preamble of these hypothetical claims recites “a composition for polishing shoes.” Clearly, Inventor B could not later secure a patent with composition claims on the same composition because it would not be novel. Likewise, Inventor B could not secure claims on the method of using the composition for shining shoes because the use is not a “new use” of the composition but, rather, the same use shining shoes. Suppose Inventor B discovers that the polish also repels water when rubbed onto shoes. Inventor B could not likely claim a method of using the polish to repel water on shoes because repelling water is inherent in the normal use of the polish to shine shoes. In other words, Inventor B has not invented a “new” use by rubbing polish on shoes to repel water. Upon discovering, however, that the polish composition grows hair when rubbed on bare human skin, Inventor B can likely obtain method claims directed to the new use of the composition to grow hair. Hence, while Inventor B may obtain a blocking patent on the use of Inventor A’s composition to grow hair, this method patent does not bestow on Inventor B any right with respect to the patented composition. Even though Inventor A’s claim recites “a composition for polishing shoes,” Inventor B cannot invoke this use limitation to ”
    2 later decisions quote this exact passage · from the majority
  3. “A preamble is not a claim limitation if the claim body 'defines a structurally complete invention ... and uses the preamble only to state a purported or intended use for the invention.'”
    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.