Howard v. Howe’s Empirical Analysis
61 F.2d 577 · 1932
Citation profile
13 federal appellate · 2 district · 6 state decisions
How this case has been cited
Cited by 25 later decisions — most recently December 1978 · most notably 69 Ill. 2d 320 - Steinberg v. Chicago Medical School (1977), Carroll v. First National Bank (1969)
13 federal appellate · 2 district · 6 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
Relies on Northern Pacific Railway Co. v. Boyd · Galliher v. Cadwell · Standard Parts Co. v. Peck · Adamson v. Gilliland · Dalzell v. Dueber Watch-Case Manuf'G Co
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 25 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"Even though it be admitted in the present case that an express contract to make inventions for the employer is not necessary, it is surely requisite that there be something in the duties of the employee that would indicate that his compensation was for labor in making the invention and that both employer and employee so understood, before it can be said that the fruits of the latter's creative labors belong to the employer. We do not believe that a finding of such situation is warranted by the present record. We find no evidence that appellee was ever employed and paid as an inventive employee. The officer who employed him testified that he was made foreman of the pattern department and as such simply had charge of pattern makers and repair and construction of patterns required for moulding; that nothing was said about employing him as an inventor or about assigning any inventions he should make."”
1 later decision quote this exact passage · from the majority“is not entitled to a conveyance of patents obtained for inventions made by him while employed, in the absence of express agreement to that effect.”
1 later decision quote this exact passage · from the majority“to devote his time and services to devising and making improvements in articles there manufactured,”
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.