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Re: Jacobsen v. Katzer settled

From: Alexander Terekhov
Subject: Re: Jacobsen v. Katzer settled
Date: Wed, 24 Feb 2010 09:38:46 +0100

David Kastrup wrote:
> John Hasler <> writes:
> > RJack writes:
> >> Hyman will just ignore the Supreme Court decision as if it didn't
> >> exist and continue to quote the Federal Circuit's erroneous finding.
> >
> > If the Federal Circuit's finding is in conflict with Supreme Court
> > precedents why has it not been appealed thereto?
> This likely should be considered addressed comprehensively with the
> "scared them out of the water.  LOL LOL LOL" babble.

The appeal to CAFC was an interlocutory appeal (no final judgement) from
an order regarding PI. For the purposes of granting or not granting PI,
the CAFC error regarding confusion of conditions precedent v. scope
restrictions v. covenants was made moot by later Winter v. NRDC decision
of SCOTUS. Did you notice that judge White refused to grant the PI on
remand as well? Correcting an utterly obvious error by a district judge
from New Jersey sitting by designation on CAFC panel in a moot PI case
would be quite a waste of SCOTUS time, don't you think so silly dak?


P.S. "I'm insufficiently motivated to go set up a GNU/Linux system 
so that I can do the builds."

Hyman Rosen <> The Silliest GPL 'Advocate'

P.P.S. "Of course correlation implies causation! Without this 
fundamental principle, no science would ever make any progress."

Hyman Rosen <> The Silliest GPL 'Advocate'

(GNG is a derecursive recursive derecursion which pwns GNU since it can 
be infinitely looped as GNGNGNGNG...NGNGNG... and can be said backwards 
too, whereas GNU cannot.)

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