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10 Mar 2009, 6:15 pm
" In a gentle Koan, the Court stated that it "need not resolve the particular class of statutory subject matter into which Applicants' paradigm claims fall, [however], the claims must satisfy at least one category. [read post]
16 Jan 2011, 4:13 pm
This is a variation on the old koan, am I am man dreaming of a butterfly or a butterfly dreaming I am a man? [read post]
7 Dec 2011, 1:46 pm
I would enjoy writing a paper at some point that has virtually no footnotes, or that has the free-form, suggestive, koan-or-parable-oriented style of Joseph Vining. [read post]
4 Feb 2008, 8:23 am
It's not a Zen koan to ask "what is the information between the bullet points"? [read post]
26 Feb 2020, 9:17 am
It's almost a Zen koan. [read post]
8 Feb 2010, 1:21 pm
Although the hypothetical negotiation is always involves guesswork, here the Federal Circuit reiterated the koan that the guesses must be based on evidence: “a reasonable royalty analysis requires a court to hypothesize, not to speculate. [read post]
16 Feb 2011, 11:35 pm
Even if you can't prove them to your satisfaction.Other things are, well, not true.The moon is not made of green cheese.You don't need a weatherman to know which way the wind blows.Your constitutional right to free speech is not violated if you submit a spam comment and I delete it.There are not two sides to every issue.Some things are just matters of opinion, not subject to being true or false despite being stated authoritatively.Steak should never be served well done but only rare… [read post]
31 Aug 2012, 5:53 am
" It's like a little koan (learn in order to live? [read post]
16 Aug 2017, 8:54 am
Both parties’ experts agreed that white-on-white text was ineffectual, so this passage reminds me of a venerable online trademark koan: if a trademark tree falls in a forest and no one is around to hear it, does it constitute trademark infringement? [read post]
18 May 2011, 9:48 am
Which is almost a zen koan, really.Of course, I’m oversimplifying. [read post]
2 Aug 2019, 4:08 am
Homosexuality has been like a koan—a Zen riddle—for me. [read post]
28 May 2008, 5:41 am
Finally, let me conclude with the koan with which McKinsey ends, which sums up the intersecting challenges of (a) internal vs. external; (b) short-term vs. long-term; (c) one practice area vs. an other; and (d) upsetting dead orthodoxies vs. staying true to your firm's enduring verities: "Internally, the toughest issues are exposing orthodoxies that constrain our thinking and options, as well as spreading priorities and resources across time horizons and business unit… [read post]
22 Feb 2010, 9:21 pm
The face posed before my closed gaze—a form of my own face: the koan, what was the face you wore before you were born? [read post]
22 Feb 2010, 9:21 pm
The face posed before my closed gaze—a form of my own face: the koan, what was the face you wore before you were born? [read post]
14 Feb 2020, 12:30 pm
" In this Zen koan of a case, the Eleventh Circuit holds that a quasi-governmental agency attempting to collect a nonexistent debt is not a "debt collector" because the attempted collection of the (again, nonexistent) debt was incidental to the agency's "bona fide fiduciary obligation" to collect debts. [read post]
2 Dec 2011, 4:53 am
But I digress).It's a simple point, made more complicated by Pfaff's effort at quantification and invocation of Rumsfeld Koan.*** Of course, juries are already free to find a “known unknown” if they wish. [read post]
12 Sep 2011, 9:29 pm
I restrained myself at the conference from delivering a little legal koan: “the law will bind government officials, if they believe it binds them. [read post]
12 Sep 2011, 9:21 pm
I restrained myself at the conference from delivering a little legal koan: “the law will bind government officials, if they believe it binds them. [read post]
21 Jun 2010, 10:31 am
Morris interviews Dunning, gives some examples, and then focuses on Donald Rumsfeld's famous koan about knowledge. [read post]
1 Apr 2022, 1:00 pm
In the Zen tradition, indecipherable koans like "what is the sound of one hand clapping" are meant to lead us to greater truths about the universe. [read post]
