Public-domain · open source
OpenJurist
← 774 F.3d 1371 - Fleming v. Escort Inc.

Fleming v. Escort Inc.’s Empirical Analysis

774 F.3d 1371 · 2014

Citation profile

19
cited by 19 later decisions
July 2024
most recently cited

10 federal appellate · 2 district ·

Relationships

Applies 28 U.S.C. § 1295 · 35 U.S.C. § 102 · 35 U.S.C. § 251

Relies on Pierce v. Underwood · Landes Construction Co. v. Royal Bank of Canada · Woodland Trust v. Flowertree Nursery, Inc. · Cooper v. Goldfarb · Sandt Technology Ltd v. Resco Metal and Plastics Corporation Seven Ocean Enterprises Inc

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

  1. “Fleming is correct that none of the corroborating evidence constitutes definitive proof of Orr’s account or discloses each claim limitation as written. But the corroboration requirement has never been so demanding. It is a flexible, rule-of-reason demand for independent evidence that, as a whole, makes credible the testimony of the purported prior inventor with regard to conception and reduction to practice of the invention as claimed.”
    3 later decisions quote this exact passage · from the majority
  2. “whereby all pertinent evidence is examined in order to determine whether the inventor's story is credible.”
    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.