green
Positive treatment
Circuit Split
Quoted verbatim 1×
4.2 score
G Cite
cited 2× by 1 distinct case, last quoted 2003 ·
…the question is not what might have been made to do, but what it was intended to do and did do.... that a device could have been made to do something else does not of itself establish infringement.
⚠ not in text
Treatment trajectory · 1964 → 2026 · click a year to view as-of
1964
1995
2026
Top citers, strongest first. 16 distinct citers.
How cited ↗
discussed
Cited "but see"
United States v. Resko
But see United States v. Viale, 312 F.2d 595, 602 (2d Cir.) (holding that while it is the practice of most judges to admonish the jury regarding premature deliberations, this admonition is not required), cert. denied, 373 U.S. 903 , 83 S.Ct. 1291 , 10 L.Ed.2d 199 (1963); United States v. Carter, 430 F.2d 1278, 1279-80 (10th Cir.1970) (holding that failure to give the admonition in a two-day trial was not plain error). 22 There are a number of reasons for this prohibition on premature deliberations in a criminal case.
discussed
Cited "but see"
United States v. Resko
But see United States v. Viale, 312 F.2d 595, 602 (2d Cir.) (holding that while it is the practice of most judges to admonish the jury regarding premature deliberations, this admonition is not required), cert. denied, 373 U.S. 903 , 83 S.Ct. 1291 , 10 L.Ed.2d 199 (1963); United States v. Carter, 430 F.2d 1278, 1279-80 (10th Cir.1970) (holding that failure to give the admonition in a two-day trial was not plain error).
examined
Cited as authority (quoted)
ISCO International, Inc. v. Conductos, Inc.
(2×)
the question is not what might have been made to do, but what it was intended to do and did do.... that a device could have been made to do something else does not of itself establish infringement.
discussed
Cited "see"
Scanlon v. Flynn
See United States v. Di Re, 332 U.S. 581, 589 , 68 S.Ct. 222 , 92 L.Ed. 210 (1948); accord, United States v. Viale, 312 F.2d 595, 599 (2d Cir.), cert. denied, 373 U.S. 903 , 83 S.Ct. 1291 , 10 L.Ed.2d 199 (1963).
discussed
Cited "see"
Sauquoit Fibers Co. v. Leesona Corp.
Accord, Atlas v. Eastern Air Lines, Inc., 1 Cir. 1962, 311 F.2d 156 , cert. denied, 1963, 373 U.S. 904 , 83 S.Ct. 1290 , 10 L.Ed.2d 199 ; Solo Cup Co. v. Paper Machinery Corp., E.D.Wis.1965, 240 F.Supp. 126 , modified on other grounds, 7 Cir. 1966, 359 F.2d 754 ; Hunt Industries, Inc. v. Fibra Boats, Inc., S.D.Fla.1969, 299 F.Supp. 1145 .
discussed
Cited "see"
In Re Yarn Processing Patent Validity Litigation. Sauquoit Fibers Company v. Leesona Corporation, Kayser-Roth Corporation (In Its Own Name and D/B/A Kayser-Roth Hosiery Companyand Kayser-Roth Hosiery Co., Inc.) v. Leesona Corporation, Leesona Corporation v. The Duplan Corporation
Accord, Atlas v. Eastern Air Lines, Inc., 1 Cir. 1962, 311 F.2d 156 , cert. denied, 1963, 373 U.S. 904 , 83 S.Ct. 1290 , 10 L.Ed.2d 199 ; Solo Cup Co. v. Paper Machinery Corp., E.D.Wis.1965, 240 F.Supp. 126 , modified on other grounds, 7 Cir. 1966, 359 F.2d 754 ; Hunt Industries, Inc. v. Fibra Boats, Inc., S.D.Fla.1969, 299 F.Supp. 1145 . 52 This apparent conflict stems primarily from the differing definitions of 'reduction to practice' being applied.
cited
Cited "see"
Commonwealth v. McGrath
See Harris v. United States, 310 F. 2d 934 (10th Cir. 1962), cert, den. 373 U. S. 903 (1963).
discussed
Cited "see"
Frequency Electronics, Inc. v. National Radio Co.
See Atlas v. Eastern Air Lines, Inc., 311 F.2d 156, 158-162 (1st Cir. 1962), cert. denied, 373 U.S. 904 , 83 S.Ct. 1290 , 10 L.Ed.2d 199 (1963) ; Koehring Co. v. National Automatic Tool Co., 362 F.2d 100, 104 (7th Cir. 1966) ; Aerovox Corp. v. Polymet Mfg.
discussed
Cited "see"
United States v. Bayley
See United States v. Viale, 312 F.2d 595 (2d Cir. 1963), cert, denied 373 U.S. 903 , 83 S.Ct. 1291 , 10 L.Ed.2d 199 (1963), where the validity of arrests without warrant by “Special Agents of the Internal Revenue Service” ( 312 F.2d at 598 ) were determined by reference to the law of New York where the arrests were made. b.
cited
Cited "see"
Magic Fingers, Inc. v. Auger
Egbert v. Lippmann, 104 U.S. 333 , 26 L.Ed. 755 (1881); see Atlas v. Eastern Airlines, Inc., 311 F.2d 156 (1st Cir. 1962), cert. denied 373 U.S. 904 , 83 S.Ct. 1290 , 10 L.Ed.2d 199 (1963). .
cited
Cited "see"
United States v. Lodewijkx
See United States v. Viale, 312 F.2d 595 , 600 n. 3 (2 Cir.), cert. denied, 373 U.S. 903 , 83 S.Ct. 1291 , 10 L.
cited
Cited "see"
Paul Lessig v. Tidewater Oil Company
See Simpson v. Union Oil Co., 311 F.2d 764, 767-768 , (9th Cir. 1963), cert. granted 373 U.S. 901 , 83 S.Ct. 1290 , 10 L.Ed.2d 197 (1963).
discussed
Cited "see, e.g."
United States v. Kasz Enterprises, Inc.
See also United States v. Millpax, Inc., 313 F.2d 152, 154 (7th Cir.) (product is a “drug” where, despite disclaimer, drug claims made by third parties were adopted by sellers as their own through reference in letter accompanying product), cert. denied, 373 U.S. 903 , 83 S.Ct. 1291 , 10 L.Ed.2d 198 (1963).
discussed
Cited "see, e.g."
Griffin v. United States
(2×)
See also United States v. Viale, 312 F.2d 595, 602 (2d Cir.), cert. denied, 373 U.S. 903 , 83 S.Ct. 1291 , 10 L.Ed.2d 199 (1963) (delay of one to two minutes).
discussed
Cited "see, e.g."
United States v. Strouth
Where a defendant admitted his guilt of a crime to the officers, told them of the presence in his home of incriminating evidence, and consented to the officers’ going to his home to recover the evidence therein stored, the implication was strong that such defendant had waived his right against a warrantless seizure of the evidence, United States v. Mitchell (1944), 322 U.S. 65, 69-70 , 64 S.Ct. 896 , 88 L.Ed. 1140, 1143 ; and, where another defendant agreed to, and did, take agents to the spot where narcotics were kept, without duress, coercion or misrepresentation, she suffered no deprivati…
cited
Cited "see, e.g."
John Sabari v. United States
See also our latest views on this subject of alleged coercion of the jury in Strangway v. United States, 9 Cir. 1963, 312 F.2d 283 , cert den. 373 U.S. 903 , 83 S.Ct. 1291 , 10 L.Ed.2d 199 .
Retrieving the full opinion text from the archive…
Vachier
v.
McCormick, Alcaide & Co.
v.
McCormick, Alcaide & Co.
No. 901.
Supreme Court of the United States.
Apr 29, 1963.
Carlos D. Vazquez for petitioner. Felix Ochoteco, Jr. for respondent.
Published
Citer courts: D. Delaware (2)
Supreme Court of Puerto Rico. Certiorari denied.
Reported below:-P. R.-.