The last of the KSR v. Teleflex briefs kept the focus on recent cases and journals, and so, none were added to the list of finalists for the Mildmay Fane Commemoration. Although, just outside the circle was citation to Langdon, Horse, Oxen Drought Animals in English Farming from 1066 to 1500. Not unlike the Cards-Mets last night, the contest went down to the end.
After the decision on the Mildmay Fane Award was made, however, it was in hindsight, obvious that the winner had to be AIPLA, and its witty and wise counselors at Patterson Belknap. In the words of one judge on the panel, “the combination of Paradise Lost and Ecclesiastes was not suggested by prior articulations in the record.” Another noted that “had I been able to express any found meaning in Milton’s Paradise Lost, I might now be a English Prof tenured at Swarthmore, instead of a non-equity member of a highly leveraged LLC.”
Of course, members of ISinIP and their families were not eligible to receive the Award (if not, I could’a been a contender!). Also, excluded from consideration were the many cites to President Thomas Jefferson’s letter to Baltimore inventor, Issac MacPherson. That reference was suggested and taught in the Graham v. Deere opinion, so citing it in KSR was not non-obvious. Had there been a runner-up, then the AARP’s cite about Medicare Recipients with Hypertension would be a teaching that may not have flashed in the minds of the geniuses skilled in this case.
Congratulations to our amici at AIPLA and Patterson Belknap. Remember, any consideration or award, such as gift bag, is fully reportable as ordinary income.