John Warren Davis
Judge Davis no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Davis decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
Distinguishes a convenient mechanical improvement from patentable invention when the form and technique were already known.
“The bending of the plaintiff’s tag into a desirable shape before sale might be a convenience to the user and constitute an improvement, yet it did not involve anything more than mere mechanical skill, particularly in view of the fact that the form into which it was bent was not novel.”
Treats congressional reenactment of a statute as approval that gives an existing administrative regulation force of law.
“In re-enacting section 506 of the Act in 1934 and 1935, Congress must be taken to have approved the administrative construction thereof and to have given Article 2(5) “the force of law”.”
Procedural preferences
Vacates injunctive relief and dismisses when post-order events render the underlying controversy moot.
“Consequently the questions have become moot, and, on the authority of Leader et al. v. Apex Hosiery Co., 302 U.S. 656, 58 S. Ct. 362, 82 L.Ed. 508, the cause is remanded to the District Court with directions to vacate the injunction and dismiss the bill of complaint.”
Requires a lower court on remand to follow the mandate without adding relief outside the law of the case.
“In entering the decree allowing damages and profits, the District Court went beyond the law of the case and exceeded its authority.”
Cautions
Will not disturb receivership allowances absent an abuse of discretion.
“It is so well settled that it does not require the citation of authorities that an appellate court will not disturb the allowances made to receivers and counsel unless there has been an abuse of discretion.”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The order of the District Court is affirmed.”
“the order of redetermination of the Board of Tax Appeals is set aside and the deficiency assessments of the Commissioner reinstated.”
“The decree of the District Court is affirmed.”
“the judgment is affirmed for $51,000, with interest from May 5, 1933, and a new trial is granted as to the question of double indemnity.”
“The decree is reversed and the case remanded to the District Court for further proceedings not inconsistent with this opinion.”
“That part of the decree holding that the patent was not infringed is reversed, but that part holding the patent valid is affirmed'.”
“The decree is reversed, and the cause remanded to the District Court for further procedure in accordance with this opinion.”
“The decree of the District Court is affirmed.”
A historical record
Judge Davis no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.