Bailey v. Logan Square Typographers, Inc.’s Empirical Analysis
441 F.2d 47 · 1971
Citation profile
5 federal appellate · 1 state decisions
Relationships
Relies on Gully v. First Nat. Bank in Meridian · Avco Corporation v. Aero Lodge No 735 International Association of Machinists and Aerospace Workers · Sears, Roebuck & Co. v. Stiffel Co. · Lear, Inc. v. Adkins · American Well Works Company v. Layne & Bowler Company E
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 19 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““A suit for damages to business caused by a threat to sue under the patent law is not itself a suit under the patent law. And the same is true when the damage is caused by a statement of fact, — that the defendant has a patent which is infringed. What makes the defendant’s act a wrong is its manifest tendency to injure the plaintiff’s business; and the wrong is the same whatever the means by which it is accomplished. But whether it is a wrong or not depends upon the law of the state where the act is done, not upon the patent law, and therefore the suit arises under the law of the state. A suit arises under the law that creates the cause of action. The fact that the justification may involve the validity and infringement of a patent is no more material to the question under what law the suit is brought than it would be in an action of contract.” 3”
1 later decision quote this exact passage · from the dissent“It is well settled that a federal prohibition against the prosecution of a state claim is not a basis for removal to the federal court.”
1 later decision quote this exact passage · from the dissent“[T]hat which is published may be freely copied as a matter of federal right”
1 later decision quote this exact passage · from the dissent
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.