Re: JMRI case -- Implementation of the Federal Circuit's Opinion

[Alexander Terekhov]

Alexander Terekhov wrote:
> 
> This is hilarious:
>
> http://www.jmri.org/k/docket/289.pdf
[...]
> Selected quotes:

"THE COURT: SO WHAT WOULD YOU PROPOSE? LET'S SAY WE
ARE PAST THE POINT -- I'M NOT SAYING WE ARE, BUT LET'S ASSUME
WE'RE PAST THE POINT OF WHETHER AN INJUNCTION SHOULD ISSUE,
BECAUSE THE FEDERAL CIRCUIT SAID -- AND IT WASN'T A MODEL OF
CLARITY IN ITS MANDATE:

"WE'RE REMANDING IT TO THE DISTRICT COURT TO
DETERMINE WHETHER AN INJUNCTION SHOULD ISSUE BASED
UPON WHETHER THERE WAS A THREAT OF IRREPARABLE HARM,"

OR WHATEVER THE STANDARD WAS.

IT DIDN'T SAY:

WE'RE REMANDING TO DETERMINE WHETHER THERE WAS
INFRINGEMENT."

THEY ASSUMED INFRINGEMENT BASED UPON THE EXISTING
RECORD. AND THAT MAY BE AN ERRONEOUS FINDING, AND THERE MAY
HAVE BEEN A REMEDY TO TAKE IT TO -- GOD KNOWS THEY REVERSED
THEMSELVES ALMOST ON, YOU KNOW, A YEARLY BASIS.

ONE PANEL SAYS SOMETHING, AND THEN THE REST OF THEM
SAY IT'S NOT RIGHT."

<chuckles>

regards,
alexander.

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