I find all of my best posts in footnotes.
They are the home seemingly idle musings about the scope of the law and arguments that might have been made in a better world.
There is a freedom in the foot.
Judge Wolson had a particularly striking footnote in his post-trial opinion in Med-El Elektromedizinisch Gerate GES.M.B.H. v. Adv. Bionics, LLC, C.A. No. 18-1530-JDW (D. Del. Oct. 2, 2024), which dealt with an important issue that I had not seen before in the district.
The plaintiff had gone to trial on both literal infringement and infringement under the doctrine of equivalents and for both induced and contributory infringement. The verdict form, however, did not …
