Jacob Brown Jacob Nisswaner Fontaine Beckham John Unseld and George Moler v. Benjamin Huger’s Empirical Analysis
62 U.S. 305 · 1858
Citation profile
8 federal appellate · 8 district · 30 state decisions
How this case has been cited
Cited by 76 later decisions (13 by the Supreme Court) — most recently September 2021 · most notably MARKMAN Et Al. v. WESTVIEW INSTRUMENTS, INC., Et Al. (1996), Larson v. Domestic & Foreign Commerce Corp. (1949)
8 federal appellate · 8 district · 30 state decisions — followed in 11 states
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.
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 76 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“"In ascertaining the boundaries of surveys or patents, the universal rule is this: that wherever natural or permanent objects are embraced in the calls of either, these have absolute control, and both course and distance must yield to their influence."”
2 later decisions quote this exact passage · from the majority“With regard to the second part of this objection, that which claims for the jury the construction of the patent, we remark that the patent itself must be taken as evidence of its meaning; that, like other written instruments, it must be interpreted as a whole, its various provisions be taken as far as practicable in connection with each other, and the legal deductions drawn therefrom must be conformable with the scope and purpose of the entire document. This construction and these deductions we hold to be within the exclusive province of the court.”
1 later decision quote this exact passage · from the majority“"* * * The patent itself could not be altered by evidence aliunde; but proof, as to the existence and character of the objects or subjects to which it was applicable, was regular and even necessary to give it effect * * *."”
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.