In re Ethicon, Inc.’s Empirical Analysis
844 F.3d 1344 · 2017
Citation profile
4 federal appellate ·
Relationships
Applies 28 U.S.C. § 1295 · 35 U.S.C. § 143
Relies on Consolidated Edison Co of New York v. National Labor Relations Board · Graham v. John Deere Company of Kansas City Calmar Inc · KSR International Co. v. Teleflex Inc. · Stratoflex, Inc. v. Aeroquip Corp. · In re Gartside
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 7 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“'insidious' exercise of decisional hindsight, whereby that which the inventor taught is used by the decision-maker to reconstruct the invention.”
1 later decision quote this exact passage · from the dissent“[t]he normal desire ... to improve upon what is already generally known.”
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.