Steel Hunter
Active Member
- Nov 10, 2019
- 552
Folks shouldn't put too much stock in this oral argument. Notice that Judge O'Scannlain, the author of the panel opinion, had no questions for either side. The greatest risk at oral argument is that you concede away the case. It is extremely hard to win a case at oral argument. It is really easy to lose a case at oral argument. Neither side lost their case at the argument. Neither side won their case at the argument. The arguments made in the briefs thus matter. Young's briefs are quite good. So wait and see. It will be a closely divided en banc decision.
Thank you for providing the expert opinion and your insight into this. I watched the argument and wasn't really sure what to take away from it other than that the one judge clearly doesn't like this new fangled technology stuff.