Moore v. Marsh’s Empirical Analysis
74 U.S. 515 · 1868
Citation profile
47 federal appellate · 8 district · 4 state decisions
How this case has been cited
Cited by 154 later decisions (20 by the Supreme Court) — most recently November 2010 · most notably Waterman v. Mackenzie (1891), United States v. General Electric Co. (1926)
47 federal appellate · 8 district · 4 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 Tyler v. Tuel
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 154 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“The patentee or his assigns may, by instrument in writing, assign, grant and convey, either, 1st, the whole patent, comprising the exclusive right to make, use and vend the invention throughout the United States; or, 2d, an undivided part or share of that exclusive right; or, 3d the exclusive right under the patent within and throughout a specified part of the United States.”
3 later decisions quote this exact passage““It is clear that unless the plaintiff can maintain the action there can be no redress, as it is too plain for argument that a subsequent assignee or grantee can neither maintain an action in his own name, or be joined with the patentee jn maintaining it for any infringement of the exclusive right committed before he became interested in the patent. Undoubtedly the assignee thereafter stands in the place of the patentee, both as to right under the patent and future responsibility; but it is a great mistake to suppose that the assignment of a patent carries with it a transfer of the right to damages for an infringement committed before such assignment.””
1 later decision quote this exact passage · from the majority““It is too plain for argument that a subsequent assignee of grantee can neither maintain an action in his own name, or be joined with the patentee, in maintaining it for any infringement of the exclusive right committed before he became interested in the patent. Undoubtedly the assignee thereafter stands in the place of the patentee, both as to the right under the patent and future responsibility.””
1 later decision quote this exact passage · from the majoritye.g. May v. Saginaw Co.
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.