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Patent litigation haiku; and "steaming mounds of pleonastic arguments"

Inequitable Conduct

hid the piece of art
cheated the examiner
attorneys' fees paid

There are a few more of these on Michael Smith's Eastern District of Texas Federal Court Practice blog, where, on 20/11/2007, Smith also comments on the turn of phrase of Judge Ron Clark, who is presiding over the Blackboard Inc. v Desire2Learn patent infringement case:

"The parties in this case have, between them, filed 48 motions, responses and replies in less than 14 months, which, including attachments and exhibits, consists of no fewer than eleven thousand pages. They seem to share the misconception, popular in some circles, that motion practice exists to require federal judges to shovel through steaming mounds of pleonastic arguments in a Herculean effort to uncover a hidden gem of logic that will ineluctably compel a favorable ruling. Nothing could be further from the truth."

Posted on 02/12/2007 in Oddments |

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