In re Fallaux’s Empirical Analysis
564 F.3d 1313 · 2009
Citation profile
7 federal appellate · 1 district ·
How this case has been cited
Cited by 11 later decisions — most recently August 2024
7 federal appellate · 1 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. § 154
Relies on Eli Lilly And Company v. Barr Laboratories, Inc. · In re Goodman · Mazzari v. Rogan · In re Ornum · In re Berg
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 11 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'that the unjustified patent term extension justification for obviousness-type double patenting' may have 'limited force in ... many double patenting rejections today, in no small part because of the change in the Patent Act from a patent term of seventeen years from issuance to a term of twenty years from filing,'”
1 later decision quote this exact passage · from the majority“If the Fallaux application and the Vogels patents were commonly owned, the terminal disclaimer filed in this case would have been effective to overcome the double patenting rejection”); In re Longi, 759 F.2d 887, 894 (Fed.Cir.1985) (”
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.