Packet Company v. Sickles’s Empirical Analysis

Citation profile

15 federal appellate · 6 district · 2 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 48 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““The defendants in various form prayed the court 1o instruct the jury that the measure of damages was the established rate for the license to use the invention, as ascertained by the sales made by plaintiffs of such license to others. If this was the true rule of estimating the damage, the bill of exceptions shows that a sufficient number of such licenses and the prices at which they were granted were in evidence to enable the jury to apply the principle to the case before them. And we are of tile oxiinion that this was the sound rule. In such case nothing can be more reasonable than that the price fixed by the patentee for the use of his invention, in his dealings with others, and submitted to by them before using it, should govern.””

   1 later decision quote this exact passage · from the majority
   e.g. American Sulphite Pulp Co. v. De Grasse Paper Co.

2. “converting the infringer into a trastee for the patentee as regards the profits thus made.”

   1 later decision quote this exact passage · from the majority
   e.g. Leman v. Krentler-Arnold Hinge Last Co.