Scheiber v. Dolby Laboratories, Inc.’s Empirical Analysis
293 F.3d 1014 · 2002
Citation profile
20 federal appellate · 2 district · 3 state decisions
How this case has been cited
Cited by 48 later decisions (3 by the Supreme Court) — most recently July 2024 · most notably United States v. Bownes (2005), State Ex Rel. Martinez v. City of Las Vegas (2004)
20 federal appellate · 2 district · 3 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 35 U.S.C. § 271
Relies on Christianson v. Colt Industries Operating Corp. · Rodriguez De Quijas v. Shearson/American Express, Inc. · Agostini v. Felton Chancellor Board of Education of the City of New York · International Salt Co. v. United States · McKennon v. Nashville Banner Publishing 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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“severely, and as it seems to us, with all due respect, justly criticized.... However, we have no authority to overrule a Supreme Court decision no matter how dubious its reasoning strikes us, or even how out of touch with the Supreme Court's current thinking the decision seems”
3 later decisions quote this exact passage · from the majority“The Supreme Court’s majority opinion reasoned that by extracting a promise to continue paying royalties after expiration of the patent, the patentee extends the patent beyond the term fixed in the patent statute and therefore in violation of the law. That is not true. After the •patent expires, anyone can make the patented process or product without being guilty of patent infringement. The patent can no longer be used to exclude anybody from such production. Expiration thus accomplishes what it is supposed to accomplish. For a licensee in accordance with a provision in the license agreement to go on paying royalties after the patent expires does not extend the duration of the patent either technically or practically, because ... if the licensee agrees to continue paying royalties after the. patent expires the royalty rate will be lower. The duration of the patent fixes the limit of the patentee’s power to extract royalties; it is a detail whether he extracts them at a higher rate over a shorter period of time or a lower rate over a longer period of time. :”
1 later decision quote this exact passage · from the majority“Federal jurisdiction over the suit is based on diversity of citizenship, because a suit to enforce a patent licensing agreement does not arise under federal patent law. E.g., Jim Arnold Corp. v. Hydrotech Sys., Inc., 109 F.3d 1567 , 1575 (Fed.Cir.1997). The presence of a federal defense (here, patent misuse) is irrelevant to jurisdiction. Christianson v. Colt Industries Operating Corp., 486 U.S. 800 , 108 S.Ct. 2166 , 100 L.Ed.2d 811 (1988).”
1 later decision 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.