In re Monks’s Empirical Analysis
588 F.2d 308 · 1978
Citation profile
7
cited by 7 later decisions
December 2008
most recently cited
1 district ·
Relationships
Applies 35 U.S.C. § 102 · 35 U.S.C. § 31
Relies on Marconi Wireless Telegraph Co. of America v. United States · Marconi Wireless Telegraph Co. of America v. United States
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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“First, there is no basis in the [Patent] Act or its legislative history for making such a distinction. The statute uses the identical phrase, “patented ... in a foreign country,” in each of these sections. Nowhere in the legislative history is there the slightest suggestion that these same phrases be interpreted differently.”
2 later decisions quote this exact passage · from the dissent“the invention was first patented or caused to be patented ... by the applicant or his legal representatives or assigns in a foreign country prior to the date of the application for patent in this country on an application for patent ... filed more than twelve months before the filing of the application in the United States.”
1 later decision quote this exact passagee.g. In re Kathawala“a formal bestowal of patent rights from the sovereign to the applicant such as that which occurs when a British patent is sealed.”
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.