Although this case relates to copyright, I feel it worthwhile to note that in patent-lawyer-land, what you say does not work so much.
I had the pleasure to spend some time working with some very (very!) smart patent lawyers on a couple of cases.
Apart from feeling like I was in an episode of Boston Legal merged with The Good Wife, I was able to gain some understanding of the rules of the game. In that game things like "but it's patently obvious" gets you zero points. Any argument you advance that's based on obviousness will lead to eye rolling and deep sighs. Such arguments are extremely hard to win, it turns out. In our legal system, proving invalidity is difficult.
By contrast, things like : a comma in the wrong place in claim drafting; case moved to a different jurisdiction; tricks with filing dates; prior art (the thing I was helping with) and other noninfringement theories are greeted with enthusiasm.
So basically an alternative universe is where these claims are decided?
I did a patent a few years ago, and that's how it felt. The patent lawyer would call me to get my version and when the application was done, it would look like it came from another plane of existence.
Phrasing like "cause a calculating machine to..." were repeated a lot. Totally unreadable, probably only makes sense if you're a lawyer.
I had the pleasure to spend some time working with some very (very!) smart patent lawyers on a couple of cases.
Apart from feeling like I was in an episode of Boston Legal merged with The Good Wife, I was able to gain some understanding of the rules of the game. In that game things like "but it's patently obvious" gets you zero points. Any argument you advance that's based on obviousness will lead to eye rolling and deep sighs. Such arguments are extremely hard to win, it turns out. In our legal system, proving invalidity is difficult.
By contrast, things like : a comma in the wrong place in claim drafting; case moved to a different jurisdiction; tricks with filing dates; prior art (the thing I was helping with) and other noninfringement theories are greeted with enthusiasm.