Handgards, Inc. v. Ethicon, Inc.’s Empirical Analysis
601 F.2d 986 · 1979
Citation profile
44 federal appellate · 19 district · 3 state decisions
How this case has been cited
Cited by 137 later decisions (1 by the Supreme Court) — most recently August 2020 · most notably American Hoist Derrick Company v. Sowa & Sons Inc (1984), Loctite Corporation v. Ultraseal Ltd (1985)
44 federal appellate · 19 district · 3 state decisions
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. § 1291 · 35 U.S.C. § 102 · 35 U.S.C. § 285
Relies on Blonder-Tongue Laboratories, Inc. v. University of Illinois Foundation · Brunswick Corporation v. Pueblo Bowl-O-Mat Inc · Brown Shoe Co. v. United States · Zenith Radio Corp. v. Hazeltine Research, Inc. · Eastern Railroad Presidents Conference v. Noerr Motor Freight, Inc.
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 137 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“a patentee's infringement suit is presumptively in good faith and that this presumption can be rebutted only by clear and convincing evidence.”
5 later decisions quote this exact passage · from the concurrence“Plaintiff must show that the injury for which it seeks to recover is “the type the antitrust laws were intended to prevent” and “flows from that which makes defendant’s acts unlawful.” In a suit alleging antitrust injury based upon a bad faith prosecution theory it is obvious that the costs incurred in defense of the prior patent infringement suit are an injury which “flows” from the antitrust wrong.”
2 later decisions quote this exact passage · from the concurrence“to erect such barriers to antitrust suits as are necessary to provide reasonable protection for the honest patentee who brings an infringement action”
2 later decisions quote this exact passage · from the concurrence
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.