Francis S. Kilmer MacMillan v. Robert B. Moffett’s Empirical Analysis
432 F.2d 1237 · 1970
Citation profile
How this case has been cited
Cited by 11 later decisions — most recently November 1994
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 Smith v. Bousquet · Applegate v. Scherer · Weis v. Woodman · Weis v. Woodman
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“According to that ‘doctrine,’ in some unpredictable areas of chemistry and biology, there is no conception until the invention has been reduced to practice. The ‘reason’ given by Robinson for this is that until reduction to practice occurs in such cases the inventor does not know that the invention will work. It is [plaintiffs] position that this court, in Smith v. Bousquet, applied such a doctrine of simultaneous conception and reduction to practice. Whether or not the holding in Smith v. Bousquet was based on such a doctrine, this court’s decision in Applegate v. Scherer made it abundantly clear that such a doctrine does not apply in cases where the issue is originality or derivation. This is such a case.”
1 later decision quote this exact passage
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.