Electromotive Division of General Motors Corporation v. Transportation Systems Division of General Electric Company Ltd’s Empirical Analysis
417 F.3d 1203 · 2005
Citation profile
9 federal appellate · 3 district · 2 state decisions
Relationships
Relies on Elizabeth v. Pavement Co. · Pfaff v. Wells Electronics, Inc. · Manville Sales Corporation v. Paramount Systems Inc S J · Cr Bard Inc v. M3 Systems Inc · Paragon Podiatry Laboratory, Inc. v. KLM Laboratories, Inc.
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 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“(1) the necessity for public testing; (2) the amount of control over the experiment retained by the inventor; (3) the nature of the invention; (4) the length of the test period; (5) whether payment was made; (6) whether there was a secrecy obligation; (7) whether records of the experiment were kept; (8) who conducted the experiment; (9) the degree of commercial exploitation during testing; (10) whether the invention reasonably requires evaluation under actual conditions of use; (11) whether testing was systematically performed; (12) whether the inventor continually monitored the invention during testing; and (13) the nature of the contacts made with potential customers.”
5 later decisions quote this exact passage · from the concurrence“It is important to recognize that this court has limited experimentation sufficient to negate a pre-critical date public use or commercial sale to cases where the testing was performed to perfect claimed features, or, in a few instances like the case here, to perfect features inherent to the claimed invention.”
2 later decisions quote this exact passage · from the concurrence“Commercial exploitation, if not incidental to the primary purpose of experimentation, will result in an on sale bar, even if the invention was still in its experimental stage.”
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.