Merck & Co. v. Danbury Pharmacal, Inc.’s Empirical Analysis
873 F.2d 1418 · 1989
Citation profile
29 federal appellate · 34 district ·
How this case has been cited
Cited by 128 later decisions — most recently August 2016 · most notably Molins PLC v. Textron, Inc. (1995), Paragon Podiatry Laboratory, Inc. v. KLM Laboratories, Inc. (1993)
29 federal appellate · 34 district ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 35 U.S.C. § 271 · 35 U.S.C. § 285
Relies on Kingsdown Medical Consultants, Ltd. v. Hollister Inc. · Fmc Corporation v. Manitowoc Company Inc · Specialty Composites v. Cabot Corp. · Kansas Jack, Inc. v. Kuhn
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 128 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[i]ntent need not, and rarely can, be proven by direct evidence.”
6 later decisions quote this exact passage“within a reasonable examiner's realm of consideration,”
3 later decisions quote this exact passage“[Plaintiff] wrongly presupposes a “but for” standard of materiality. Materiality may be established, as it was here, by a showing that a reasonable examiner would consider the prior art in deciding whether to issue the patent.”
1 later decision quote this exact passage
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.