Breyer Page in Medtronic, and “Skip” the Hypothetical

November 6th, 2013

InĀ Medtronic Inc. v. Boston Scientific Corp., we had another Breyer Page. This one only went on 32 lines (it spilled over to the next page). The Breyer Page in Bond was 38 lines.

breyer-page-medtronics

And, after a lengthy hypo, Breyer seemed to sense the lawyer lost him. Hilarity ensued:

JUSTICE BREYER: You could have brought — are you following me?

MR. NEUSTADT: No, I’m afraid not.

JUSTICE BREYER: Okay. Skip it. (Laughter.)

H/T Greg Dolin