Johnson Co. v. Philad Co.’s Empirical Analysis
96 F.2d 442 · 1938
Citation profile
5 federal appellate · 4 district ·
How this case has been cited
Cited by 14 later decisions (1 by the Supreme Court) — most recently June 1980
5 federal appellate · 4 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
Relies on Loom Company v. Higgins · Carbice Corporation of America v. American Patents Development Corporation · Deering v. Winona Harvester Works · Mahn v. Harwood · Leitch Mfg Co v. Barber Co
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
““In place of the two clamps specified by this claim appellant uses but one clamp which, as stated by appellant in its brief, ‘double grips the hair, with a side passage between the two grips for escape of steam, to prevent its reaching the scalp.’ Thus two of the steps of the claim are taken simultaneously. But no step is omitted, and the principle of operation and result are not changed. Consequently, infringement is not avoided. Taking two steps at one time is analogous to taking two steps instead of one. The latter has been held to be infringement of a process patent. Sidney Blumenthal and Co. v. Salt’s Textile Mfg. Co., D.C., 21 F.2d 470 ; Fullerton Walnut Growers’ Ass’n v. Anderson-Barngrover Mfg. Co., 9 Cir., 166 F. 443 . “To prevent the hair from unwinding during heating appellant uses a spring instead of the metallic flexible retainer disclosed in the patent. The spring serves the same purpose as the clamp in a similar manner. See Walker on Patents, 6th Ed., 488, § 399; Waxham v. Smith, 294 U.S. 20, 23 , 55 S.Ct. 277, 278 , 79 L.Ed. 733 . The use of the spring instead of the clamp is an equivalent step in the process.””
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.