Wilbur-Ellis Co. v. Kuther’s Empirical Analysis
1964
Citation profile
15 federal appellate · 9 district · 1 state decisions
How this case has been cited
Cited by 81 later decisions (7 by the Supreme Court) — most recently May 2013 · most notably Porter v. Farmers Supply Service, Inc. (1986), Jazz Photo Corporation Dynatec International Inc Opticolor Inc v. International Trade Commission (2001)
15 federal appellate · 9 district · 1 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.
Appellate journey
reviewedLeuschner v. Kuther (from Ninth Circuit Court of Appeals)
Relationships
Applies 35 U.S.C. § 154
Relies on Boire v. Greyhound Corp. · Aro Manufacturing Co. v. Convertible Top Replacement Co. · Aro Manufacturing Co. v. Convertible Top Replacement Co. · United States v. Univis Lens Co. · Adams v. Burke
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.
“[p]etitioners in adapting the old machine to a related use were doing more than repair in the customary sense; but what they did was kin to repair for it bore on the useful capacity of the old combination....”
6 later decisions quote this exact passage · from the majority“would impinge on the patentee's right 'to exclude others from making' ... the article”
3 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.