I don't know about the rest of you, but having sat before and seen others sit before judges to present a case, the one thing I KNOW FOR SURE and have seen happen on numerous occasions is, A JUDGE DOES NOT TAKE IT LIGHTLY when an attorney or others questions his intelligence!!!!!
Here's an example of how SA's Attorneys Pre-School security argument will more than likely go,
Judge - I have reviewed all the documentation pertaining to this case, but before I hear any final rebuttal from the plaintiff's counsel, I would like to have SA's counsel approach the bench.
Judge - Counselor, am I correct in assuming that you are new in your representation of SA's defense?
SA's Attorney - Yes your Honor that is correct I was recently retained to represent the defense.
Judge - Having confirmed your appointment I feel compelled to ask, have you familiarized yourself with all aspects of this case?
SA's Attorney - Yes Your Honor that is correct, I have!
Judge - So you are aware of the recent Supreme Court ruling in both the Oil States and SAS Institute appeals.
SA's Attorney - Yes Your Honor, I am very much aware!
Judge - Okayyyyy, are you also aware of both the findings of the PTAB's decisions regarding, How should I put this? Hummm the incontestability status of their patent.
SA's Attorney - You Honor, I am well aware of all the proceedings that have taken place regarding this case!!!
Judge - Alright Counselor since you seem to have all the facts, allow me to ask you this. Do you think this is the first case I have sat on?
SA's Attorney - No Your Honor
Judge - Have you heard from other Counselors or Judges that I am very easy going unlike other judges you may, or may not have gone before?
SA's Attorney - No Your Honor
Judge - Ok Counselor, then I'll ask you this final question, Do you, or are you questioning my intelligence/ability to way the facts of this case and render a fair and impartial decision?
SA's Attorney - No your Honor not at all.
Judge - Counselor let me be FRANK, you say you have done your homework, have all the facts, and do not question my integrity, yet your argument to me in regards to the plaintiffs response, and believe me I have read it over and over and over again, is, A Pre-School Security Argument. Allow me to try and be as subtle as I can possibly be. Without hearing from the Plaintiffs Attorney I am fully prepared to render my decision right now. However, before I do that I will allow you to request a sidebar with the other counsel to make whatever agreement you see fit at this time. Are you understanding what I am saying to you?
SA's Attorney - Ye Sir, I understand totally.
Judge - One more thing Counselor, and please take heed to my warning, never ever come before me again, or any other Judge for any matter, being unprepared to present a professional testimony. Do I make myself clear?
SA's Attorney - Totally Your Honor, and thank you for your time Sir.
GUESS WHAT SFOR? $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$
Here's an example of how SA's Attorneys Pre-School security argument will more than likely go,
Judge - I have reviewed all the documentation pertaining to this case, but before I hear any final rebuttal from the plaintiff's counsel, I would like to have SA's counsel approach the bench.
Judge - Counselor, am I correct in assuming that you are new in your representation of SA's defense?
SA's Attorney - Yes your Honor that is correct I was recently retained to represent the defense.
Judge - Having confirmed your appointment I feel compelled to ask, have you familiarized yourself with all aspects of this case?
SA's Attorney - Yes Your Honor that is correct, I have!
Judge - So you are aware of the recent Supreme Court ruling in both the Oil States and SAS Institute appeals.
SA's Attorney - Yes Your Honor, I am very much aware!
Judge - Okayyyyy, are you also aware of both the findings of the PTAB's decisions regarding, How should I put this? Hummm the incontestability status of their patent.
SA's Attorney - You Honor, I am well aware of all the proceedings that have taken place regarding this case!!!
Judge - Alright Counselor since you seem to have all the facts, allow me to ask you this. Do you think this is the first case I have sat on?
SA's Attorney - No Your Honor
Judge - Have you heard from other Counselors or Judges that I am very easy going unlike other judges you may, or may not have gone before?
SA's Attorney - No Your Honor
Judge - Ok Counselor, then I'll ask you this final question, Do you, or are you questioning my intelligence/ability to way the facts of this case and render a fair and impartial decision?
SA's Attorney - No your Honor not at all.
Judge - Counselor let me be FRANK, you say you have done your homework, have all the facts, and do not question my integrity, yet your argument to me in regards to the plaintiffs response, and believe me I have read it over and over and over again, is, A Pre-School Security Argument. Allow me to try and be as subtle as I can possibly be. Without hearing from the Plaintiffs Attorney I am fully prepared to render my decision right now. However, before I do that I will allow you to request a sidebar with the other counsel to make whatever agreement you see fit at this time. Are you understanding what I am saying to you?
SA's Attorney - Ye Sir, I understand totally.
Judge - One more thing Counselor, and please take heed to my warning, never ever come before me again, or any other Judge for any matter, being unprepared to present a professional testimony. Do I make myself clear?
SA's Attorney - Totally Your Honor, and thank you for your time Sir.
GUESS WHAT SFOR? $$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$$
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