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← 561 F.3d 1351 - In re Kubin

In re Kubin’s Empirical Analysis

561 F.3d 1351 · 2009

Citation profile

91
cited by 91 later decisions
April 2023
most recently cited

31 federal appellate · 14 district ·

How this case has been cited

Cited by 91 later decisions — most recently April 2023 · most notably Eurand, Inc. v. Mylan Pharmaceuticals Inc. (2012), Wyers v. Master Lock Co. (2010)

31 federal appellate · 14 district ·

740200920102020decided

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. § 103 · 35 U.S.C. § 112 · 35 U.S.C. § 141

Relies on Graham v. John Deere Company of Kansas City Calmar Inc · KSR International Co. v. Teleflex Inc. · In re Gartside · General Electric Co. v. Jewel Incandescent Lamp Co. · In re Sinex

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

  1. “vary[ing] all parameters or try[ing] each of numerous possible choices until one possibly arrived at a successful result, where the prior art gave either no indication of which parameters were critical or no direction as to which of many possible choices is likely to be successful.”
    6 later decisions quote this exact passage · from the majority
  2. “Obviousness is a question of law based on underlying findings of fact.”
    6 later decisions quote this exact passage · from the majority
  3. “When there is a design need or market pressure to solve a problem and there are a finite number of identified, predictable solutions, a person of ordinary skill has good reason to pursue the known options within his or her technical grasp. If this leads to the anticipated success, it is likely the product not of innovation but of ordinary skill and common sense. In that instance the fact that a combination was obvious to try might show that it was obvious under § 103.”
    4 later decisions 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.