Alice in Wonderland — Part II

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].

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