Calkins v. Bertrand’s Empirical Analysis

Citation profile

1 federal appellate ·

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

1. ““When a patent is for an improvement, and not for an entirely new machine or contrivance, the patentee must show in what particulars his improvement lias added to the usefulness of the machine or contrivance. He must separale its results distinctly from those of the other parts, so that the benefits derived from it may be distinctly seen and appreciated. The rale on this head is aptly stated by Hr. Justice Blatchford in the court below. ‘The pat-' puteo.’ he says, ‘must in every case give evidence tending to separate or apportion the defendant’s profits and the patentee’s damages between the patented feature and the unpntented features, and such evidence must be reliable and tangible, and not conjectural or speculative; or he must show, by equally reliable and satisfactory evidence, that the profits and damages are to be calculated on the whole machine, for the reason that tlio entire value of the whole machine, as a marketable article, is properly and legally attributable to tlie patented feature.’ ””

   1 later decision quote this exact passage
   e.g. Elgin Wind Power & Pump Co. v. Nichols