Thursday, June 10, 2010

Judge Shadur issues order of Biblical Proportions

Defendant's motion in limine to preclude "statements that mislead or confuse the jury into believing the mere manufacture, sale, offer for sale and/or importation of accused products, by itself, is an infringement of the asserted patents" was denied. In so denying, Judge Shadur made the following biblical analogy, exposing the defendant’s apparent attempt to re-hash an argument that had been previously rejected:

“Just as it would not do for [defendant] to ‘put new wine into old bottles’ (Matthew 9:17), its current attempt to ‘put old wine into new bottles’ is equally improper.”

Meyer Intellectual Properties Limited et al v. Bodum, Inc. (1-06-cv-06329) ILND
Milton I. Shadur, Senior United States District Judge

And, yes, Judge Shadur followed his own self-imposed rules of professional writing. No sentence in the order started with “a” or “the”. Although “but” is apparently permissible.

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