Kendall v. Winsor’s Empirical Analysis
62 U.S. 322 · 1858
Citation profile
74 federal appellate · 32 district · 3 state decisions
How this case has been cited
Cited by 258 later decisions (56 by the Supreme Court) — most recently January 2016 · most notably Sony Corporation of America v. Universal City Studios Inc (1984), Sears, Roebuck & Co. v. Stiffel Co. (1964)
74 federal appellate · 32 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.
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 258 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““And with a very bad grace could he appeal i‘or favor or protection to that society which, if he had not injured, he certainly had neither benefited nor intended to benefit. Hence if, during such a concealment, an invention similar to or identical with his own should be made and patented, or brought into use without a patent, the latter could not be inhibited nor restricted upon proof of its identity with a machine previously invented and withheld and concealed by the inventor from the public.””
10 later decisions quote this exact passage · from the majority““It is undeniably true that the limited and temporary monopoly granted to inventors was never designed for their exclusive profit or advantage. The benefit of the public or community at large was another and doubtless the primary object in granting and securing that monopoly.”'”
3 later decisions quote this exact passage · from the majority““ * * * He may forfeit his rights as an inventor by a willful or negligent postponement of his claims. * * * ””
3 later decisions 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.