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← 557 F.2d 1257 - Nebraska Engineering Corp. v. Shivvers

Nebraska Engineering Corp. v. Shivvers’s Empirical Analysis

557 F.2d 1257 · 1977

Citation profile

9
cited by 9 later decisions
October 2008
most recently cited

2 district ·

How this case has been cited

Cited by 9 later decisions — most recently October 2008

2 district ·

601977198019902000decided

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. § 1292 · 28 U.S.C. § 1338 · 35 U.S.C. § 282

Relies on Ohio Bureau of Employment Services v. Hodory · Lear, Inc. v. Adkins · Wingo v. Wedding · The Troxel Manufacturing Company, and Cross-Appellee v. Schwinn Bicycle Company, and Cross-Appellant · The Troxel Manufacturing Company, & Cross-Appellant v. Schwinn Bicycle Company, & Cross-Appellee

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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “If [licensees] wish to continue to invoke the protections of their licensing agreements, they should be required to continue paying their royalties to the [licensor]. Ultimately, all royalties paid after the filing of [a complaint challenging patent validity] may have to be returned to the [licensee]____ At present, [licensees] already have the option of withholding royalties and thereby breaching the licensing agreement; of course, they would then run the risk of an injunction if they should lose on the merits. It would not be fair for [a licensee] to be allowed simultaneously to reap all the benefits of the licensing agreement and to deprive the licensor of all his royalties. Patents are presumed to be valid, ... until invalidity is proven, the patentee should ordinarily be permitted to enjoy the fruits of his invention.”
    1 later decision quote this exact passage
  2. ““. . . Lear prevents only the affirmative enforcement of royalty payment provisions in license agreements against licensees engaged in patent validity challenges. . . . Nothing in Lear, however, precludes defendant from treating such nonpayment as grounds for termination under the agreement.” Nebraska Engineering Corp. v. Shivvers, 557 F.2d 1257, 1259-60 (8th Cir. 1977) (citing PPG Industries, Inc. v. Westwood Chemical, Inc., 530 F.2d 700, 705 (6th Cir.), cert. denied, 429 U.S. 824 , 97 S.Ct. 76 , 50 L.Ed.2d 86 (1976)).”
    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.