Wednesday, November 10, 2010

Federal Circuit

Recently I had the chance to go to Washington D.C. to watch oral arguments on a few ongoing patents cases.  This was an awesome experience.  First of all, it is always fun to get to take a little trip.  D.C. proper is a 40 minute train ride, followed by a few quick metro stops, for a total travel cost of about $10.  Therefore, it isn't really that big of a deal to get down there from time to time, but of course it just usually seems to get preempted by something easier and cheaper in Baltimore.

Either way, it was really great to get a chance to see an oral argument in person.  Sure, it is possible to watch quite a few oral arguments on the internet, but something can be said for being there in person.  It is much easier to get swept up in the excitement, and in a very good way.  And of course something can be said for the "atmosphere."

What wasn't so nice was dealing with some of my fellow spectators.  The security was very pleasant, sending us through without much hassle.  Once inside, however, I could not believe how rude some people were.  The "no phones" rule has been bent slightly, and phones are now allowed inside, but must be turned off while court is in session.  Amazingly, several other spectators simply refused to do this.  I have no idea what was so important that they could not miss the call, but could watch an argument.  It seems to me like if something else that important is going on, you can just attend to that and read the transcript later.

Otherwise, watching top notch lawyers go back and forth with sharp judges is a thing of beauty.  It is sort of a cross between chess and a boxing match.  On one hand you want to go in strong, but you also have to always be dodging and looking for counters.  Also, my background knowledge of patents is surely much stronger than the average law students, having taking a patents class and my work with Moot Court, but still a lot of it went straight over my head.

All in all, it was a really good time.  Also, for any fellow law students, or any American who wants to watch our country in action, I would highly recommend going.  Look up the number for the clerk of the court, give them a call, and find out when the next round of arguments are going to be.  Public transit makes most courts easily accessible on a  budget.  Just remember to wear professional dress.

Sunday, November 7, 2010

Moot Court

Sorry for the lack of recent updates.  I have been very, very busy and to top it all off my computer is currently in the shop.  This means that not only do I have less time, but when I do have free time it doesn't involve internet access.

The biggest news to report, however, is the start of Moot Court proper.  The problem was released two weeks ago.  The fact pattern is utterly absurd, which is a good thing.  If I am going to have to live and breathe this thing for the next three months it might as well be interesting.

You know, as much as everyone says it, it is true.  You can never be truly ready for something like this.  Despite my best efforts to stay on top of my work and keep everything under control, the first week was utter madness.

First of all, one of the two issues in the problem is one that we have not gotten close to covering in class.  Therefore, neither myself nor Moot Court Teammate (MCT) had any idea of how to approach it.  The first week, very minimal work got done.

Then we met with our coach.  He asked us what we thought of the problem, and we did the best we could to say somewhat intelligent things.  He nodded polietly, then pointed out problems with each of our approaches.  Law students are generally the people who always have an answer ready, and it is very tough to sit in an office and not have ANY of the answers ready.  On the flip side, learning from a master is an unforgettable experience.  Without even trying, he seems to know pretty much everything there is to know about appeallate practice, patents, and legal writing.

Anyways, after that browbeating, it was back to work.  Since then, MCT and I have begun to read up on the problem and the current case law.  It seems to be moving along, but it also continues to seem like there is more than we could ever handle in front of us.  And the due date continues to approach.

So, as always, it is both exciting and terrifying at the same time.