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← 417 F.3d 1203 - Electromotive Division of General Motors Corporation v. Transportation Systems Division of General Electric Company Ltd

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

23
cited by 23 later decisions
1
states following
January 2019
most recently cited

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. “(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
  2. “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
  3. “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.