Mowry v. Whitney’s Empirical Analysis

Citation profile

29 federal appellate · 10 district · 5 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 122 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “the scire facias to repeal a patent was brought in chancery where the patent was of record. And though in this country the writ of scire facias is not in use as a chancery proceeding, the nature of the chancery jurisdiction and its-mode of proceeding have established it as the appropriate tribunal for the annulling of a grant or patent from the government,”

   2 later decisions quote this exact passage · from the majority
   e.g. United States v. San Jacinto Tin Co. · In Re Lawrence B Lockwood

2. “no one but the government, either in its own name or the name of its appropriate officer can institute judicial proceedings for the purpose of vacating or rescinding the patent which the government has issued to an individual . . [except in those cases asserting the statutory defenses to private infringement actions permitted by the 1839 Act].”

   2 later decisions quote this exact passage · from the majority
   e.g. United States v. American Bell Telephone Co. · Monsanto Co. v. Rohm & Haas Co.

3. “A patent is' the highest evidence of title, and is conclusive as against the government, and all claiming under junior patents or titles, until it is'set aside or annulled by some judicial tribunal. In England this was originally done by scire facias, but a bill in chancery is found a more convenient remedy,”

   1 later decision quote this exact passage · from the majority
   e.g. United States v. San Jacinto Tin Co.