De Loriea v. Whitney’s Empirical Analysis
63 F. 611 · 1894
Citation profile
8 federal appellate ·
How this case has been cited
Cited by 10 later decisions — most recently May 1935
8 federal appellate ·
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 Miller v. Eagle Manuf'G Co · Knapp v. Morss · Fay v. Cordesman · Water-Meter Company v. Desper · Reece Button-Hole Ma. Co. v. Globe Button-Hole Ma. 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 10 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““The rulo, prima, facie, is 1hat, while the use of equivalents for an. element in a combination is not lawful, yet a combination which does not include all the elements does not infringe. There may be exceptions where the nature of the invention is of such a primary or broad character that it is plain some of the elements named are unessential; in other words, where the invention is so broad that the range of equivalents will be correspondingly broad, under the liberal construction which the courts give to such inventions. Miller v. Manufacturing Co., 151 U. S. 207 , 14 Sup. Ct. 310 . But. there is no reasonable basis for maintaining, either as a matter of law or fact, that the case is outside of the rule applied to ordinary combinations in Water-Meter Co. v. Desper, 101 U. S. 332 ; Fay v. Cordesman, 109 U. S. 408 , 420, 421, 3 Sup. Ct. 236 ; Knapp v. Morss, 150 U. S. 221 , 228, 229, 14 Sup. Ct. 81 ; and Dunham v. Manufacturing Co., 154 U. S. 103 , 14 Sup. Ct. 986 .””
1 later decision quote this exact passage · from the majority““The appellants rely on the fact that the patented machine was the first successful one, and on the fact that it had great commercial success. The decisions touching the effect of these propositions are so numerous and modern that they need not be referred to specifically; but they limit the application of them to doubtful cases, turning on questions of utility or patentable invention.””
1 later decision quote this exact passage · from the majority““When a verdict in one direction ought to be set aside as against the weight of evidence, then, under the rule as now understood, the court ought to direct a verdict in the oilier direction.””
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.