green
Positive treatment
Quoted verbatim 4×
8.0 score
G Cite
cited 2× by 1 distinct case, last quoted 1992 ·
…all machines function according to the laws of physics which can be mathematically set forth if known.
⚠ not in text
cited 2× by 1 distinct case, last quoted 1990 ·
…the inherency of an advantage and its obviousness are entirely different questions. that which may be inherent is not necessarily known. obviousness cannot be predicated on what is unknown.
⚠ not in text
Treatment trajectory · 1984 → 2026 · click a year to view as-of
1984
2005
2026
Top citers, strongest first. 30 distinct citers.
How cited ↗
discussed
Cited as authority (quoted)
In Re '639 Patent Litigation
submissions usually will support the conclusion that the affidavit in which they were contained was the chosen instrument of an intentional scheme to deceive the pto
examined
Cited as authority (quoted)
Arrhythmia Research Technology, Inc. v. Corazonix Corporation
(2×)
all machines function according to the laws of physics which can be mathematically set forth if known.
discussed
Cited as authority (quoted)
Joy Technologies, Inc. v. Manbeck
the objective evidence of nonobviousness ... may in a given case be entitled to more weight or less, depending on its nature and its relationship to the merits of the invention.
examined
Cited as authority (quoted)
In Re Diane M. Dillon
(2×)
the inherency of an advantage and its obviousness are entirely different questions. that which may be inherent is not necessarily known. obviousness cannot be predicated on what is unknown.
discussed
Cited "see"
People v. Marshall
In this regard, an affidavit by a police officer which is based upon the observations made by a fellow police officer when the two are engaged in a common investigation furnishes a reliable basis for the warrant” (People v Londono, 148 AD2d 753, 753 [1989] [citations omitted]; see People v Rivenburgh, 1 AD3d 696, 699 [2003], lv denied 1 NY3d 579 [2003]; see generally People v Petralia, 62 NY2d 47 [1984], cert denied 469 US 852 [1984]).
discussed
Cited "see"
EI DuPont De Nemours and Co. v. Monsanto Co.
See Gore v. Garlock, 721 F.2d 1540, 1554 (Fed.Cir.1983) (no anticipation where, inter alia, the record did not contain any evidence of tests in which the alleged anticipatory processes were conducted, nor were the products of the processes placed in evidence), cert. denied, 469 U.S. 851 , 105 S.Ct. 172 , 83 L.Ed.2d 107 (1984).
discussed
Cited "see"
United States v. Davis
Finally, in a post-trial submission, Davis presents the question, "Where’s the fairness?,’’ but states that "I trust the 'spirit' of the associated components of this Act was to get at or retrieve what is due to the Government.” Davis’ plea for fairness naturally suggests a laches argument, but to the questionable extent a litigant can assert laches against the United States, see United States v. Crispen, 622 F.Supp. 75, 81 (N.D.Ill.1985); see abo Berliant v. C.I.R., 729 F.2d 496, 500 (7th Cir.), cert. denied, 469 U.S. 852 , 105 S.Ct. 174 , 83 L.Ed.2d 109 (1984), laches does not appl…
discussed
Cited "see"
Gumm v. Commissioner of Internal Revenue Service
See Berliant v. Commissioner, 729 F.2d 496, 500 (7th Cir.1984) ("[a]s a matter of equity, Illinois has long imposed on estate transferees liability to creditors of the estate"), cert. denied, 469 U.S. 852 (1984); Union Trust Co. v. Shoemaker, 258 Ill. 564, 572 , 101 N.E. 1050, 1053 (1913) ("[i]t is an established doctrine of equity that creditors who have not been guilty of laches may pursue the assets into the hands of distributees, where distribution has been made without discharging their debts"). 6 The tax court's opinion listed the prerequisites for finding transferee liability under sect…
discussed
Cited "see"
People v. Griffith
Of far greater significance is the consideration that the single eyewitness in this case was a trained and experienced undercover police officer who spent some 3 to 3Vi minutes in the close company of the defendant and who therefore had an excellent opportunity to view him (see, People v Wharton, 74 NY2d 921 ; People v Morales, 37 NY2d 262 ; see generally, People v Petralia, 62 NY2d 47 , cert denied 469 US 852 ).
discussed
Cited "see"
Joanne Kotler, Individually and as Administratrix, Etc. v. The American Tobacco Company
(2×)
See Goldstein v. Kelleher, 728 F.2d 32, 38 (1st Cir.) (“In the absence of any indication that the jury selected was unsatisfactory to plaintiff at the time chosen, we are unwilling to reverse the verdict of a jury that to all appearances was disinterested, competent and suitable.”), cert. denied, 469 U.S. 852 , 105 S.Ct. 172 , 83 L.Ed.2d 107 (1984).
cited
Cited "see"
Halliburton Co. v. Schlumberger Technology Corp.
See Rohm & Haas Co. v. Crystal Chemical Co., 722 F.2d 1556, 1571 (Fed.Cir.1983), cert. denied, 469 U.S. 851 , 105 S.Ct. 172 , 83 L.Ed.2d 107 (1984).
discussed
Cited "see"
Fed. Sec. L. Rep. P 94,361 Louis v. Jackvony, Jr. v. Riht Financial Corporation, Etc., John R. Cioci v. Riht Financial Corporation, Etc.
(2×)
See Goldstein v. Kelleher, 728 F.2d 32, 39 (1st Cir.) (“In order to uphold grant of directed verdict we must find that, viewing the evidence in the light most favorable to the non-moving party, reasonable jurors could come but to one conclusion.”), cert. denied, 469 U.S. 852 , 105 S.Ct. 172 , 83 L.Ed.2d 107 (1984).
discussed
Cited "see"
Clamp-All Corporation v. Cast Iron Soil Pipe Institute
(2×)
See Goldstein v. Kelleher, 728 F.2d 32, 39 (1st Cir.), cert. denied, 469 U.S. 852 , 105 S.Ct. 172 , 83 L.Ed.2d 107 (1984).
cited
Cited "see"
Kangaroos U.S.A., Inc. v. Caldor, Inc.
See Rohm & Haas Co. v. Crystal Chemical Co., 722 F.2d 1556, 1573 , 220 USPQ 289, 302 (Fed.Cir.1983), cert. denied, — U.S. -, 105 S.Ct. 172 , 83 L.Ed.2d 107 (1984).
discussed
Cited "see, e.g."
People v. Rajnauth
The evidence established that the informant was a reliable citizen whose identity was known to the police, and the basis of her knowledge was first-hand observation (see, People v Parris, 83 NY2d 342, 346 ; People v Hetrick, 80 NY2d 344, 348-349 ; see also, People v Petralia, 62 NY2d 47, 52 , cert denied 469 US 852 ).
discussed
Cited "see, e.g."
International Union of Operating Engineers, Local 68 v. Delaware River & Bay Authority
(2×)
See e.g., NYSA-ILA Vacation & Holiday Fund v. Waterfront Comm'n of New York Harbor, 732 F. 2d 292, 298 (2d Cir.), cert. denied, 469 U.S. 852 , 105 S.Ct. 175 , 83 L.Ed. 2d 109 (1984) (holding congressional approval of Waterfront Commission Compact transformed it into federal law); Utah Int'l Inc. v. Intake Water Co., 484 F. Supp. 36, 42-43 (D.Mont. 1979) (rejecting argument that federal jurisdiction over CAI compact construction cases is exclusive); Eastern Paralyzed Veterans Ass'n, Inc. v. City of Camden, 111 N.J. 389 , 545 A. 2d 127 (1988).
cited
Cited "see, e.g."
Lopez-Smith v. Hood
See also McDonald v. Burrows, 731 F.2d 294, 297 (5th Cir.), cert. denied, 469 U.S. 852 , 105 S.Ct. 173 , 83 L.Ed.2d 108 (1984).
discussed
Cited "see, e.g."
People v. Gittens
The fellow officer rule has been stated as follows: "The arresting officer acts with probable cause when he arrests on the direction of a fellow officer who has probable cause or without such direction on the basis of information received from a fellow officer who testifies at the suppression hearing concerning how he obtained his knowledge, which information itself or together with that known to the arresting officer establishes probable cause” (People v Brnja, 50 NY2d 366, 373, n 4 , supra; see also, People v Petralia, 62 NY2d 47 , cert denied 469 US 852 ).
discussed
Cited "see, e.g."
People v. Campbell
It has been observed that "when the subject of the suppression hearing is evidence which was the product of a warrant-less arrest or seizure, the suppression court’s probable cause analysis is essentially 'the same as that used by a magistrate in passing on an application for an arrest or search warrant’ (People v Dodt, 61 NY2d 408, 415 [citations omitted]; see also, People v Petralia, 62 NY2d [47,] 52 [, cert denied 469 US 852 ], supra)” (People v Parris, supra, at 346).
cited
Cited "see, e.g."
Frank Ray Chewning v. Russell Rogerson
See also McDonald v. Burrows, 731 F.2d 294, 297 (5th Cir.1984), cert. denied, 469 U.S. 852 , 105 S.Ct. 173 , 88 L.Ed.2d 108 (1984), and United States ex rel.
discussed
Cited "see, e.g."
People v. Rivera
The reliability of information sent by a police officer with personal knowledge of the facts transmitted to another officer is presumed and the prosecution is not required to call the undercover officer to testify at the suppression hearing in order to discharge its burden of establishing probable cause for the arrest (People v Ferguson, 115 AD2d 615, 616 ; see also, People v Petralia, 62 NY2d 47 , cert denied 469 US 852 ).
discussed
Cited "see, e.g."
People v. Gaviria
Significantly, "an affidavit by a police officer which is based upon the observation made by a fellow police officer when the two are engaged in a common investigation furnishes a reliable basis for the warrant” (People v Londono, supra; see also, People v Petralia, 62 NY2d 47, 52 , cert denied 469 US 852 ; People v Lopez, supra).
discussed
Cited "see, e.g."
People v. Smith
Contrary to the defendant’s contentions, the police possessed probable cause to place him under arrest, inasmuch as an identified civilian witness, who observed the defendant strike the victim with a blunt object, informed the police' at the scene that the defendant was the perpetrator of the crime (see, People v Davis, 166 AD2d 604, 605 ; People v Ward, 95 AD2d 233 ; see also, People v Petralia, 62 NY2d 47, 52 , cert denied 469 US 852 ).
discussed
Cited "see, e.g."
Hartford Fire Insurance v. Federated Department Stores, Inc.
(2×)
Compare Jackvony, 873 F.2d at 413 (“In order to uphold grant of directed verdict we must find that, viewing the evidence in the light most favorable to the non-moving party, reasonable jurors could come but to one conclusion.”) (quoting Goldstein v. Kelleher, 728 F.2d 32, 39 (1st Cir.), cert. denied, 469 U.S. 852 , 105 S.Ct. 172 , 83 L.Ed.2d 107 (1984)) with Anderson v. Liberty Lobby, Inc., 477 U.S. 242, 248 , 106 S.Ct. 2505, 2510 , 91 L.Ed.2d 202 (1986) (summary judgment is permissible only where “the evidence is such that a reasonable jury could not return a verdict for the nonmoving p…
discussed
Cited "see, e.g."
William R. Gooley v. Mobil Oil Corporation
(2×)
United States v. Kobrosky, 711 F.2d 449, 457 (1st Cir.1983); see also Goldstein v. Kelleher, 728 F.2d 32, 37 (1st Cir.), cert. denied, 469 U.S. 852 , 105 S.Ct. 172 , 83 L.Ed.2d 107 (1984).
discussed
Cited "see, e.g."
United States v. Muzamal Chaudhry, A/K/A Omar Muzamal
(2×)
United States v. Kobrosky, 711 F.2d at 457 ; see also Goldstein v. Kelleher, 728 F.2d 32, 37 (1st Cir.), cert. denied, 469 U.S. 852 , 105 S.Ct. 172 , 83 L.Ed.2d 107 (1984); United States v. Gazda, 499 F.2d 161, 164 (3d Cir.1974).
discussed
Cited "see, e.g."
Timothy J. Judd v. George A. Vose, Jr.
See also McDonald v. Burrows, 731 F.2d 294, 297 (5th Cir.1984), cert. denied, 469 U.S. 852 , 105 S.Ct. 173 , 83 L.Ed.2d 108 (1985); Caltagirone v. Grant, 629 F.2d 739 (2d Cir.1980); Dunkin v. Lamb, 500 F.Supp. 184 (D.Nev.1980).
discussed
Cited "see, e.g."
S.C. Johnson & Son, Inc. v. Carter-Wallace, Inc., S.C. Johnson & Son, Inc. v. Carter-Wallace, Inc.
See also Rohm & Haas Co. v. Crystal Chemical Co., 736 F.2d 688, 692 , 222 USPQ 97, 100 (Fed.Cir), cert. denied, - U.S. -, 105 S.Ct. 172 , 83 L.Ed.2d 107 (1984) (reviewing the legislative history of section 285).
discussed
Cited "see, e.g."
J.P. Stevens & Co. v. Lex Tex Ltd.
Compare, Connell v. Sears, Roebuck & Co., 722 F.2d 1542 , 220 USPQ 193 (Fed.Cir.1983) (upholding district court determination that the patent was not unenforceable for fraud) 6 with Rohm and Haas Co. v. Crystal Chemical Co., 722 F.2d 1556 , 220 USPQ 289 (Fed.Cir.1983), cert. denied, — U.S. -, 105 S.Ct. 172 , 83 L.Ed.2d 107 (1984) (reversing determination that the patent was not invalid for fraud).
discussed
Cited "see, e.g."
J.P. Stevens & Co., Inc. v. Lex Tex Ltd., Inc.
Compare, Connell v. Sears, Roebuck & Co., 722 F.2d 1542 , 220 USPQ 193 (Fed.Cir.1983) (upholding district court determination that the patent was not unenforceable for fraud) 6 with Rohm and Haas Co. v. Crystal Chemical Co., 722 F.2d 1556 , 220 USPQ 289 (Fed.Cir.1983), cert. denied, --- U.S. ----, 105 S.Ct. 172 , 83 L.Ed.2d 107 (1984) (reversing determination that the patent was not invalid for fraud). 29 The Supreme Court has discussed inequitable conduct, as a defense to a claim of patent infringement, in terms of enforceability, see, e.g., Precision Instrument Manufacturing Co. v. Automotiv…
Retrieving the full opinion text from the archive…
Goldstein
v.
Kelleher
v.
Kelleher
No. 84-5.
Supreme Court of the United States.
Oct 1, 1984.
Cited by 1 opinion | Published
C. A. 1st Cir. Certiorari denied.