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Re: Jacobsen v. Katzer settled


From: David Kastrup
Subject: Re: Jacobsen v. Katzer settled
Date: Wed, 24 Feb 2010 09:45:12 +0100
User-agent: Gnus/5.13 (Gnus v5.13) Emacs/23.1.92 (gnu/linux)

Alexander Terekhov <address@hidden> writes:

> David Kastrup wrote:
>> 
>> John Hasler <address@hidden> 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?

Not interested in trying to figure out what you believe you are on this
time.  After a few dozen of rotten fish from the same barrel, there's
not much incentive in dissecting another one.

-- 
David Kastrup


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