Archive for the ‘Humorous’ Category

“Has the Temple of Justice been Defiled?”

Wednesday, January 19th, 2011

     One of the issues that came up in the oral argument of the recently decided case of iLOR v. Google, 2010-1117 (Fed. Cir. Jan. 11, 2011) was whether the district court was in error in awarding expert fees to Google.  To award such fees is beyond 35 U.S.C. §285 alone and requires invoking the inherent powers of the court.  However, the standard to be applied by the court to invoke such inherent powers is whether “fraud has been practiced upon it, or that the very temple of justice has been defiled.”   So, during the oral argument, Chief Judge Rader inquired whether the temple of justice had been defiled: [Listen].

“Your Honor, I’m hoping you’re buying.”

Monday, November 1st, 2010

Judge Lourie was calling the case of Auction Management Solutions v. Manheim Auctions, a patent case related to internet auctioning, when he asked counsel for the appellant if he was buying or selling.  Counsel for the appellant (Don Dunner) quickly remarked “Your Honor, I’m hoping you’re buying.” [Listen].

The Rule 36 Opinion is available here: [Read].

Eli Lilly v. Teva

Thursday, October 7th, 2010

In the oral argument of Eli Lilly v. Teva, 2010-1005 (Fed. Cir. Sept. 1, 2010), Chief Judge Rader noted a “supreme irony” that Lilly was the target of a written description defense shortly after Lilly relied on a written description defense in Ariad v. Eli Lilly: [Listen].

You can read the opinion here: [Read].

You can listen to the entire oral argument here: [Listen].

Alice in Wonderland — Part II

Friday, September 17th, 2010

Alice in Wonderland made an encore appearance at the Federal Circuit recently during the oral argument of Daiichi Sankyo Co. v. Mylan Pharma, 2009-1511 (Fed. Cir. Sept. 9, 2010).  The panel was trying to assess whether one would have chosen an example in a patent reference as a motivation to modify another reference, when the example was the 118th example in the patent reference.  This prompted Judge Friedman to make the following analogy to Alice in Wonderland: [Listen].

References to Alice in Wonderland are made quite often in judicial opinions.  If you have access to Lexis, see “Wondering about Alice: Judicial References to Alice in Wonderland and Through the Looking Glass,” Parker B. Potter, Jr., 28 Whittier L. Rev. 175 (2006).

You can listen to the entire oral argument here: [Listen].

You can read the opinion here: [Read].

Judge Newman Stands Up for Texas

Tuesday, August 10th, 2010

I’m not sure Chief Judge Rader will be invited back to Texas after this recent swearing-in ceremony.  Judge Newman stood up for Texas, though,  or at least for her law clerk: [Listen].

If you would like to be admitted to the United States Court of Appeals for the Federal Circuit bar, here is the link for the admission form: [Link].  The application fee is listed as $200.

Mariano Rivera at the Federal Circuit

Sunday, June 20th, 2010

riveraChief Judge Rader was questioning appellant’s counsel about the issue of deceptive intent to deceive the public during the oral argument of Pequignot v. Solo Cup Co., 2009-1547 (Fed. Cir. June 10, 2010) when he tried to use a baseball analogy to make his point: [Listen]. 

He later followed up with appellee’s counsel:  [Listen].

Anubis to welcome AIPLA visitors

Sunday, June 13th, 2010

If you are flying in to Denver for the AIPLA roadshow on the 24th of June (Judge Linn will be speaking at the event), you’ll be interested to know that a statue of Anubis — Egyptian god of the dead — will be at the airport to welcome you.  The statue is at the airport temporarily to promote the opening of the King Tut exhibit in Denver on July 1st. Anubis can be found outside the south end of the main “terminal” building.

There is no truth to the rumor that the jackal headed Anubis will be appearing at the roadshow to discuss developments in the claiming of transgenic animals.

Swearing-In Ceremonies

Tuesday, June 8th, 2010

The judges of the Federal Circuit from time to time will swear-in to the Federal Circuit bar their judicial law clerks.  One of the nice aspects of this is that you can tell the genuine appreciation that the judges have for the work by their law clerks.  It just so happened that one such swearing-in ceremony was one of Chief Judge Rader’s official acts as the new Chief Judge. [Listen].

Wednesday, June 2nd, 2010

Judge Lourie almost always adds some comic relief to the oral arguments at the Federal Circuit.  He certainly didn’t miss this opportunity: [Listen].

Court of Errors

Tuesday, May 25th, 2010

I thought this was a humorous comment by Judge Plager during the oral argument of Orion IP, LLC v. Hyundai Motor America, 2009-1130 (Fed. Cir. May 17, 2010), : “We’re a court of errors. We don’t make ’em –we correct ’em.” [Listen].