Buried references

For the third time in recent months during an oral argument, Judge Lourie has raised the issue of “burying” references during prosecution.  You can listen to him raise the issue in the recent Southwire Company, LLC v. Cerro Wire LLC oral argument that was held at Northeastern University Law School:  [Listen].

It is curious to me why Judge Lourie has raised the issue so many times in recent months during oral argument.  Perhaps there is another case being decided that concerns buried references.  Perhaps there is even a secret en banc case that concerns buried references.  Time will tell.

One Response to “Buried references”

  1. […] a previous post from months ago [link], I noted some comments by Judge Lourie about burying references.  In this oral argument, as well, […]