Winans v. Adam Edward and Talbot Denmead’s Empirical Analysis

Citation profile

196 federal appellate · 91 district · 8 state decisions

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

1. “* * * the patentee, having described his invention, and shown its principles, and claimed it in that form which most perfectly embodies it, is, in contemplation of law, deemed to claim every form in which his invention may be copied, unless he manifests an intention to disclaim some of those forms.”

   34 later decisions quote this exact passage · from the majority
   e.g. Western Electric Co. v. LaRue · Warner-Jenkinson Company Inc v. Hilton Davis Chemical Co

2. “[T]wo questions arise. The first is, what is the thing patented; the second, has that thing been constructed, used, or sold by the defendants. The first is a question of law, to be determined by the court, construing the letters-patent, and the description of the invention and specification of claim annexed to them. The second is a question of fact, to be submitted to a jury.”

   5 later decisions quote this exact passage · from the majority
   e.g. The Read Corporation and F.T. Read & Sons, Inc. v. Portec, Inc., D/B/A Portec/kolberg Division · Curtis Manufacturing Co. v. Plasti-Clip Corp.

3. ““While it is undoubtedly true that the patentee may so restrict his claim as to cover less than what he invented, or may limit it to one particular form of machine, excluding all other forms, although they also embody his invention, yet such an interpretation should not be put upon his claim if it can fairly be construed otherwise.””

   4 later decisions quote this exact passage · from the majority
   e.g. Smeeth v. Perkins & Co. · Ryder v. Schlichter