Seymour v. McCormick’s Empirical Analysis

Citation profile

75 federal appellate · 10 district · 6 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 169 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““Actual damages must be actually proved, and cannot be assumed as a legal inference from any facts wMcb amount not to actual proof of tbe fact. What a patentee would have made if the infringer had not interfered with his rights is a question of fact, and not a judgment of law. The question is not what speculatively he may have lost, but what actually he did lose.””

   3 later decisions quote this exact passage · from the majority
   e.g. Cincinnati Siemens-Lungren Gas Illuminating Co. v. Western Siemens-Lungren Co. · Cassidy v. Hunt

2. ““In such eases the profit of the infringer may be the ony criterion of the actual damage of the patentee. * * * It is only where, from the peculiar circumstances of the case, no other rule can he found, that the defendant’s profits become the criterion of the plaintiff’s loss.””

   2 later decisions quote this exact passage · from the majority
   e.g. Cassidy v. Hunt · Franklin Brass Foundry Co. v. Shapiro & Aronson, Inc.

3. “It is true, where the injury is wanton or malicious, a jury may inflict vindictive or exemplary damages, not to recompense the plaintiff, but to punish the defendant.”

   2 later decisions quote this exact passage · from the majority
   e.g. Halo Electronics, Inc. v. Pulse Electronics, Inc. · Knorr-Bremse Systeme Fuer Nutzfahrzeuge GmbH v. Dana Corp.