In re Comiskey’s Empirical Analysis
554 F.3d 967 · 2009
Citation profile
12 federal appellate · 14 district ·
How this case has been cited
Cited by 43 later decisions — most recently September 2024 · most notably Ultramercial, Inc. v. Hulu, LLC (2014), CyberSource Corp. v. Retail Decisions, Inc. (2011)
12 federal appellate · 14 district ·
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
Applies 28 U.S.C. § 1295 · 35 U.S.C. § 101 · 35 U.S.C. § 102 · 35 U.S.C. § 103 · 35 U.S.C. § 144 · 5 U.S.C. § 706
Relies on Graham v. John Deere Company of Kansas City Calmar Inc · Securities and Exchange Commission v. Chenery Corporation · United States National Bank v. Independent Insurance Agents of America, Inc. · Dickinson v. Zurko · Diamond v. Diehr
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 43 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[T]he patent statute does not allow patents on particular systems that depend for their operation on human intelligence alone, a field of endeavor that both the framers and Congress intended to be beyond the reach of patentable subject matter.... [I]t is established that the application of human intelligence to the solution of practical problems is not in and of itself patentable.”
1 later decision quote this exact passage · from the majority“As early as Le Roy v. Tatham , 55 U.S. 156 , 175, 14 How. 156 , 14 L.Ed. 367 (1852), the Supreme Court explained that '[a] principle, in the abstract, is a fundamental truth; an original cause; a motive; these cannot be patented, as no one can claim in either of them an exclusive right.' Since then, the unpatentable nature of abstract ideas has repeatedly been confirmed.”
1 later decision quote this exact passage · from the majority“registration module for enrolling a person” and an “arbitration module for requiring a complainant [or party] to submit a request for arbitration resolution to the mandatory arbitration system.” Id. at 981 . Utilizing a computer dictionary, the Court noted that”
1 later decision 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.