Moffitt v. Garr’s Empirical Analysis

Citation profile

17 federal appellate · 1 district · 1 state decisions

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 34 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “in case of a surrender and reissue, ... the pending suits fall with the surrender. A surrender of the patent to the Commissioner within the sense of the provision, means an act which, in judgment of law, extinguishes the patent. It is a legal cancellation of it, and hence can no more be the foundation for the assertion of a right after the surrender, than could an act of Congress which has been repealed. It has frequently been determined that suits pending, which rest upon an act of Congress, fall with the repeal of it. The reissue of the patent has no connection with or bearing upon antecedent suits; it has as to subsequent suits. The antecedent suits depend upon the patent existing at the time they were commenced, and unless it exists, and is in force at the time of trial and judgment, the suits fail.”

   3 later decisions quote this exact passage
   e.g. Peck v. Collins · Reedy v. Scott

2. “As the Supreme Court's decision in Moffitt made clear, '[i]t is a mistake to suppose ... that ... moneys recovered on judgments in suits ... might be recovered back [after a patent is cancelled]. The title to these moneys does not depend upon the patent, but upon ... the judgment of the court.'”

   1 later decision quote this exact passage
   e.g. Westerngeco L.L.C. v. ION Geophysical Corp.

3. “it shall be lawful for the commissioner, upon the surrender to him of such patent,”

   1 later decision quote this exact passage
   e.g. Commissioner of Patents v. Whiteley