Wow. Not an IP case but you don't see language like this very often, especially against a big NY firm by a federal court of appeals. The case is National Union Fire Ins. Co. v. Meade Johnson, and is here.
I saw in my stint for Chief Judge Rader a lot of bad briefs — not necessarly frivolous arguments (though there were some) but just bad briefing. This brief would have driven me nuts, and I'm surprised more judges don't use language like Judge Posner…
Lol – almost the season for “You’ll shoot your eye out, kid.”
It’s all fun and games until someone loses an eye.
There’s a few commentators on the main Patently-O boards that I would not mind being censured for such frivolous arguments (especially after certain individuals have made volunteered admissions against the positionms they proselytize).
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