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December 02, 2008



I'm somehow reminded of that story about the scorpion who requests a ride across a river on another animal's back, promising not to sting it, but eventually stinging it and causing both to drown.

I guess the moral of the story is not to do business with people you don't trust, no matter how many legal documents they sign.


It looks like the Patent Hawk Removed his response...ha, I wonder why???

Inside Job

Joe Mullin penned a sagging saga of supposedly secret patenting in his entry about Odom v. Microsoft. The Joe Zone of the Unknown will shrink soon, as infringement contentions are due Friday.

Joe seemed mesmerized by Microsoft's bodacious brouhaha about long-expired contracts, flashed his claim construction IQ, and got some details wrong. But, hey, he's just a reporter for the mainstream press, working his beat.

But there is drama afoot in this case. If this is something "more than a garden-variety patent case," as Microsoft contends, it has more to do with the size of the garden patch than with its contention of "misconduct that gives rise to Microsoft's defense of equitable estoppel, waiver, and unclean hands."

Some of the most ridiculous comedy comes packaged as serious as a rattlesnake. Time will tell whose hands are clean. Markman hearing in Odom v. Microsoft is set for November 12, 2009, with trial set for June 7, 2010, in Tyler Texas.

This blogger begs the understanding of its readers that, being a litigant in an active case, discretion is necessary. Your questions are most likely to go unanswered. Thanks.

Andrew Goldberg


Thanks for the note. And for preserving Gary's response. I treasure it as an example of great alliteration, above all else. Sagging saga of supposedly secret patenting? Bodacious brouhaha? I wish I could pull that off.

I have two friends who have already sworn to use the phrase "Joe Zone of the Unknown" in the future. So Patent Hawk's post was not in vain.

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