Oral argument of the week: MACROPOINT v. FOURKITES

The oral argument of the week is MACROPOINT, LLC v. FOURKITES, INC., No. 2016-1286 (Fed. Cir. Dec. 8, 2016) decided by a Rule 36 judgment.  The case focuses primarily on §101 issues.

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

You can review the Rule 36 judgment [here].

Thought for the day:

[T]his Court has emphasized that “in a system of laws discretion is rarely without limits.” Flight Attendants v. Zipes, 491 U.S. 754, 758, 109 S.Ct. 2732, 105 L.Ed.2d 639 (1989); see Halo Electronics, Inc. v. Pulse Electronics, Inc., ___ U.S. ___, ___, 136 S.Ct. 1923, 1931, ___ L.Ed.2d 1986*1986 ___, 2016 WL 3221515 (2016) ante, at 8. Without governing standards or principles, such provisions threaten to condone judicial “whim” or predilection. Martin, 546 U.S., at 139, 126 S.Ct. 704; see also ibid. (“[A] motion to [a court’s] discretion is a motion, not to its inclination, but to its judgment; and its judgment is to be guided by sound legal principles” (quoting United States v. Burr, 25 F.Cas. 30, 35 (No. 14,692d) (C.C.Va.1807) (Marshall, C. J.))). At the least, utterly freewheeling inquiries often deprive litigants of “the basic principle of justice that like cases should be decided alike,” Martin, 546 U.S., at 139, 126 S.Ct. 704 . . . .

Kirtsaeng v. John Wiley & Sons, Inc., 136 S. Ct. 1979, 1985-86  (2016).

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