November 20, 2008 CONGRESSIONAL RECORD — SENATE S10723 John Ripley is a symbol for the vi- have held against that North Vietnamese been a special friend to so many of us, and brancy of the Marine Corps, one of the force.’’ someone who is now moving on to a well de- most storied military forces in the The destruction of the bridge created a served retirement—Mike Kirk. Please join me in a round of applause to show our appre- globe’s history, and a testament to bottleneck for the North Vietnamese, allow- ing American bombers to blunt what became ciation for Mike and all that he has done. how—amid the enormity and vast con- known as the Easter offensive. We all know that Mike has done some very fusion of war—a single person can Captain Ripley was awarded the Navy special things for the AIPLA. But the best make a difference. Cross for his actions at the bridge. He served thing he did was to bring his wife, Mary I will miss seeing him at various two tours in Vietnam and remained on ac- Catherine, into our AIPLA family. I think events, including those of the Marine tive duty until 1992, eventually rising to she, too, deserves to be recognized for all she Corps Law Enforcement Foundation. colonel. Among other decorations, he re- has done. ceived the Silver Star, two Bronze Stars and One measure of a leader is the caliber of We will continue to honor his service the person selected to replace him. And here through support of the Marine Corps a Purple Heart. John Walter Ripley was born on June 29, again, the AIPLA has risen to the challenge and of all of our soldiers, sailors, air- 1939, and grew up in Radford, Va., the son of of Mike Kirk’s departure in selecting one of the few members of our profession who has men, and marines. Bud and Verna Holt Ripley. He enlisted in the character, knowledge, and recognized I ask unanimous consent that an the Marines out of high school in 1956, and a leadership skills to honor Mike’s legacy of obituary on Colonel Ripley, which ap- year later received approval from the sec- accomplishment. That person is, of course, retary of the Navy to attend a preparatory peared in the November 4 edition of the Q. Todd Dickenson, and I think he deserves New York Times, be printed in the school leading to his appointment to the a vote of confidence with a round of ap- RECORD. Naval Academy, from which he graduated in plause. There being no objection, the mate- 1962. The program lists my topic as ‘‘Challenges Besides his son Stephen, Colonel Ripley is rial was ordered to be printed in the Ahead.’’ I selected that topic intentionally survived by his wife of 44 years, the former to give me lots of latitude in what I might RECORD, as follows: Moline Blaylock; a sister, Susan say. If that phrase was a limitation in a pat- [From the New York Times, Nov. 4, 2008] Goodykoontz; two other sons, Thomas and ent claim, the meaning would be hard to dis- COL. JOHN W. RIPLEY, MARINE WHO HALTED John; a daughter, Mary Ripley; and eight cern with specificity and no doubt would VIETNAMESE ATTACK, DIES AT 69 grandchildren. generate considerable litigation. In a way, (By Dennis Hevesi) ‘‘Colonel Ripley is well known in marine it’s the perfect topic. So, what is it that I am circles,’’ Mr. Schultz said, ‘‘but he’s the most John W. Ripley, a highly decorated former going to talk about? revered war hero no one’s ever heard of.’’ John Whealan yesterday focused on recent colonel who entered Marine Corps lore when ‘‘This was 1972,’’ he added, ‘‘and people history and ended with a few comments on he single-handedly blunted a major North didn’t pay too much attention to war heroes the future. Instead, I will focus on some of Vietnamese offensive during the Vietnam at that time.’’ the challenges I see for the future and will War by blowing up a strategically placed begin with a few comments on the changes of bridge, died Oct. 28 at his home in Annapolis, f the recent past. Md. He was 69. INTELLECTUAL PROPERTY RIGHTS We hear a lot about change these days. The cause has not been determined, his son CHALLENGES Change in our economy, global climate Stephen said. Mr. LEAHY. Mr. President, I have change, and of course, change in our govern- Colonel Ripley, who at the time was a cap- ment. Change has been in the air for some tain and a military adviser to a South Viet- long been a champion of the intellec- time. It seems like the only thing we have namese Marine unit, blew up the southern tual property rights enshrined in the heard, or seen, or read in the media for the end of the Dong Ha Bridge over the Cua Viet Constitution, and have sponsored much past 20 months or so has been about change. River on Easter Sunday, April 2, 1972. On the of the significant legislation in that And intellectual property law has been no north side of the bridge, which was several realm over the decades I have served in stranger to it in the past few years. While miles south of the demilitarized zone, some one can debate the extent of the changes and 20,000 North Vietnamese troops and 200 tanks the Senate. On October 24, 2008, Judge Richard Linn of the Court of Appeals the reasons underlying them, there is no were poised to sweep into Quang Tri Prov- question that the rights of patentees have ince, which was sparsely defended. for the Federal Circuit, the court en- been impacted in one way or the other by a Going back and forth for three hours while trusted exclusively with Federal ap- number of recent decisions. And while the under fire, Captain Ripley swung hand over peals involving patent issues, gave the pace of change may slow down at least for a hand along the steel I-beams beneath the keynote address before the American while, the fallout of all of this change will bridge, securing himself between girders and Intellectual Property Law Associa- directly impact all of us. This is evident, for placing crates holding a total of 500 pounds example, from an examination of three key of TNT in a diagonal line from one side of tion’s annual meeting. In that address, Judge Linn discusses the challenges decisions: KSR v. Teleflex, dealing with the the structure to the other. The I-beam wings test for obviousness; eBay v. MercExchange, were just wide enough to form pathways facing the intellectual property system dealing with the test for injunctive relief; along which he could slide the boxes. in the coming years, offers advice on and In re Seagate, dealing with the standard When the boxes were in place on the moving forward as a nation to meet applicable to prove willful infringement. bridge, Captain Ripley attached blasting those challenges, and provides food for There have been others, such as Medlmmune caps to detonate the TNT, then connected thought for anyone interested in this v. Genentech, which made it easier to chal- them with a timed-fuse cord that eventually important part of our national econ- lenge patents in declaratory judgment ac- extended hundreds of feet. tions, and DSU v. JMS, requiring proof of ‘‘He had to bite down on the blasting caps omy. I ask unanimous consent that the specific intent for induced infringement, but to attach them to the fuses,’’ John Grider I will limit my remarks to the holdings and Miller, author of ‘‘The Bridge at Dong Ha,’’ statement of Judge Richard Linn from possible implications of KSR, eBay, and said on Monday. ‘‘If he bit too low on the October 24, 2008, be printed in the Seagate. blasting cap, it could come loose; if he bit RECORD. In KSR, the Supreme Court reviewed the too high, it could blow his head apart.’’ There being no objection, the mate- test for obviousness under 35 U.S.C. §103. The Captain Ripley bit safely, and the timed- rial was ordered to be printed in the Supreme Court began by emphasizing that fuse cord gave him about half an hour to RECORD, as follows: its 1966 decision in Graham v. John Deere in- clamber off the bridge. Moments later, his formed the obviousness inquiry. It went on work paid off with a shock wave that tossed CHALLENGES AHEAD to reject what it perceived to be a rigid ap- him into the air but otherwise left him I would like to thank the AIPLA for the in- proach taken by our court in applying the unharmed. vitation to speak before you today. I am teaching, suggestion and motivation test. By placing the crates diagonally along the truly honored to speak before the AIPLA, an The Supreme Court observed that ‘‘when it bridge, Mr. Miller said, Captain Ripley had organization I have belonged to since the first established the requirement of dem- created ‘‘a twisting motion that ripped the late 60’s. I see in the audience many of my onstrating a teaching, suggestion, or motiva- bridge apart from its moorings so it couldn’t friends and former colleagues of the patent tion to combine known elements in order to fall back in place, but collapsed into the bar. I feel very much at home here, and it is show that the combination is obvious, the river.’’ nice to be asked to speak before this distin- Court of Customs and Patent Appeals cap- There were about 600 South Vietnamese guished group. tured a helpful insight.’’ It then noted, how- marines near the south end of the bridge. Before I begin, I would like to take a mo- ever, that helpful insights need not become ‘‘South Vietnam would have been in big ment to personally recognize someone who rigid and mandatory formulas, and ‘‘when a trouble,’’ said Fred Schultz, senior editor of has played a unique role in the progress of court transforms a general principle into a Naval History Magazine, a publication of the the U.S. patent system for over 40 years, rigid rule that limits the obviousness in- United States Naval Institute. ‘‘The force someone who has led this organization for quiry, as the Court of Appeals did here, it numbers defending on that side could not the past decade and a half, someone who has errs.’’

VerDate Aug 31 2005 03:19 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00043 Fmt 4624 Sfmt 0634 E:\CR\FM\G20NO6.053 S20NOPT1 jbell on PROD1PC69 with SENATE S10724 CONGRESSIONAL RECORD — SENATE November 20, 2008 The Supreme Court summed up its position In re Seagate presented our court with the rule and include in patent specifications not on obviousness in observing that what is im- opportunity to pick up where Knorr-Bremse merely one embodiment of an invention, but portant is to use common sense and to iden- left off and to reconsider the question of the multiple embodiments to better illustrate tify a reason that would have prompted a duty of due care owed to patentees and the the full area of the discovery embraced by person of ordinary skill in the relevant field standard for determining when infringement the claims. This is a sound practice that to combine the elements in the way the is willful and subject to treble damages. The helps to inform the public of the proper claimed new invention does. It added that case came to us on a motion for a writ of scope of the claims and avoids uncertainty any need or problem known in the field of mandamus seeking to overturn an order and interpretive disputes. The uncertainty of endeavor at the time of invention and ad- from a district court that would have given single embodiment specifications has dressed by the patent can provide a reason the patentee’s counsel virtually unfettered brought us a steady stream of cases, and I for combining the elements in the manner access to all attorney-client communica- urge all of you not to shoot yourselves or claimed. tions and work-product of the accused in- your clients in the foot by disclosing only The court also made some interesting ob- fringer. That order stemmed from the pat- one embodiment, particularly in mechanical servations on the propriety of summary entee’s assertion of willful infringement and and electrical cases. judgment on issues of obviousness. The court the accused infringer’s good faith reliance on The second example of a self-inflicted said that ‘‘where, as here, the content of the the advice of counsel. Because of the abuses wound is the continuing practice of adding prior art, the scope of the patent claim, and we perceived in the routine allegation of terminology to claims, particularly after an the level of ordinary skill in the art are not willful infringement and the tension it pro- interview, to place the claims in condition in material dispute, and the obviousness of duced between assertion by the accused in- for allowance without explaining the reason the claim is apparent in light of these fac- fringer of the attorney-client privilege and for the change or pointing out where in the tors, summary judgment is appropriate.’’ reliance on the advice of counsel, we over- specification support for the added language ‘‘The obviousness of the claim is apparent in ruled the duty of due care standard set out in can be found. Again, in case after case before light of these factors?’’ What does that Underwater Devices and held that proof of our court, we are called upon to construe the mean? Does this mean obviousness is sort of willful infringement, permitting enhanced scope of claim language which appears no- like obscenity—you know it when you see it? damages, requires at least a showing of ob- where else but in the claims. Without any I’m not sure what it means, but I am sure jective recklessness. Because we abandoned support in the written description, we are someone is going to ask me for an answer to the affirmative duty of due care, we also re- left to infer meaning from parts of the speci- that question in a brief in the not too distant marked that in the context of willful in- fication that often do not directly relate to future. the limitation in question or from the pros- The net result of KSR is that defendants fringement, there is no affirmative obliga- ecution history of events leading up to the may have a renewed interest in raising and tion to obtain an opinion of counsel. pressing obviousness contentions, despite the Following Seagate, it can be anticipated amendment. These are often poor guides for high ‘‘clear and convincing’’ standard that that there will be continuing debate over ap- interpretation and frequently lead to pro- applies to validity challenges. They can now plication of the objectively reckless standard tracted and costly litigation, not to mention argue that ‘‘reasons’’ and common sense sup- and the parameters of willful infringement. unpredictable outcomes. Here again, the port a conclusion that the claimed invention The one thing that is no longer in debate, wound is self-inflicted and patentees are well doesn’t pass muster even when application of however, is that patentees can no longer advised to avoid shooting themselves in the a teaching, suggestion, and motivation test bank on a determination of willfulness and foot by leaving the meaning of critical limi- might otherwise have failed. It also means enhanced damages merely because infringe- tations to unguided inference. that patentees will have to be more prepared ment was found against an accused who had The message for those who regularly write to gather up evidence to show secondary con- prior notice of the patent. and prosecute patent applications for clients siderations as a way to overcome expected The net result of all of these decisions is is that while the swinging of the patent pen- challenges from accused infringers. Finally, that patentees are likely to have to confront dulum of court decisions is largely beyond the Supreme Court’s comments about sum- more obviousness challenges, patentees are any patentee’s ability to alter, there are mary judgment will mean that patentees less likely to obtain enhanced damage things that are entirely within your control, will have to start thinking about how to as- awards based on willfulness, and patentees such as including multiple embodiments in sist courts in answering questions about will be more challenged to obtain injunctive patent applications to make broad construc- what the Supreme Court’s comments on relief than just a few years ago. These cases tion of claim terms more likely and pro- summary judgment meant as to the way ob- thus will cause patentees to reassess their viding support or an explanation for claim viousness issues should be presented to ju- strategies and to revalue their patent port- terms added during prosecution. Those ries, if at all. For example, is it still proper folios. things you can control. And they will help for a district court to present the ultimate But patentees are not only struggling to your client avoid going through life as a question of obviousness to the jury or is the cope with recent decisions of the Supreme walking wounded patentee. district court required to decide obviousness Court and the Federal Circuit. Patentees I would like to turn now to some chal- as a matter of law in every case, leaving only continue to suffer needlessly from self-in- lenges I see for the PTO. With a new admin- the factual underpinnings for the jury? No flicted wounds. These are the walking istration soon to occupy the White House, a matter how all this is sorted out, KSR wounded, who regularly report to the MASH change in leadership at the PTO can be ex- makes evident that patentees are likely to units-the district courts-for help. And if they pected within the next year. The new leaders face more challenges based on section 103. don’t get the help they need at the district at the PTO will face many difficult chal- We are already seeing this in recent cases court MASH unit, they come to the general lenges. The past leadership has much to be filed with our court. hospital-the Federal Circuit, to cure all that proud of. Director Dudas successfully In eBay, the Supreme Court rejected the ails them. oversaw the completion of a modern new fa- categorical grant of injunctive relief in pat- What self-inflicted wounds am I talking cility and the end to fee diversion. He and ent cases and held that in those cases, just as about? There are two in particular that I his colleagues have upgraded technology re- in other cases, a plaintiff seeking a perma- want to highlight. The first relates to the sources for examiners, have ramped up hir- nent injunction must demonstrate that it continuing propensity of patentees, particu- ing, and have instituted comprehensive has suffered irreparable injury; that rem- larly in the electrical and mechanical arts, training programs, to name just a few of edies available at law are inadequate; that to disclose in their applications only one em- their many accomplishments. All of that is the balance of hardships warrants injunctive bodiment of the invention, while arguing commendable. relief; and that the public interest would not that the claims cover something broader But it seems to me that what is needed be disserved by a permanent injunction. than the one disclosed embodiment might now goes beyond facilities or finances to the What the Supreme Court did not tell us is suggest. I have no idea why so many pat- heart of the PTO’s mission to thoroughly, what happens after infringement is found entees continue to limit the number of em- carefully, and promptly examine the applica- and a court determines that the equitable bodiments disclosed when, in so many cases tions of those who seek the protection of remedy of a permanent injunction is not we hear, the entire controversy is about the patents and who rely on the effective oper- warranted. This is already presenting pat- scope of a claim supported only by a single ation of our patent system. With the solid entees and the courts with interesting new disclosed embodiment. Patentees who desire foundation of the achievements of the cur- challenges. eBay also leaves open the ques- broad coverage and only disclose a single rent Director, the PTO now needs the leader- tion of whether there remains a rebuttable embodiment are shooting themselves in the ship of those with intimate knowledge of presumption of irreparable harm in patent foot. patents and patent law. People who under- cases. The bottom line for patentees is that Scientists and engineers are familiar with stand first-hand the problems faced by users they, like all other plaintiffs, will have to the concept that an area cannot be defined of the system and who have the ability to tow the line and be prepared to make a con- by a single point or even two points. To de- comprehensively relate to the practicing vincing showing on each of the four equi- fine an area requires at least three points. It bar. That leadership is best found in the table factors. This will present new chal- is surprising, then, that patent attorneys, ranks of experienced practitioners, many of lenges, particularly to non-practicing pat- who are trained both in the law and in whom are in this very room. entees and alters some of the leverage pat- science or engineering, often forget this The next group of leaders at the PTO will entees assumed they enjoyed before the eBay three-point concept in drafting patent appli- need to be creative in finding new ways to decision. cations. Careful prosecutors follow a general improve not only productivity but quality as

VerDate Aug 31 2005 03:19 Nov 21, 2008 Jkt 079060 PO 00000 Frm 00044 Fmt 4624 Sfmt 0634 E:\CR\FM\A20NO6.012 S20NOPT1 jbell on PROD1PC69 with SENATE November 20, 2008 CONGRESSIONAL RECORD — SENATE S10725 well. The number of new applications that vances in energy technology, green tech- written for Vermont’s 12th annual are projected over the next several years is nology, nanotechnology, and a host of other Women’s Economic Opportunity Con- staggering. Technology will continue to get things. The need for effective protection for ference, detailing her journey to suc- more complicated. And the demands of man- the discoveries of tomorrow’s scientists, en- aging such a sizable organization will be rig- gineers, and researchers will be greater than cess, be printed in the RECORD. orous. To keep pace will take bold new meas- ever before. And the changing legal land- There being no objection, the mate- ures to improve efficiency and effectiveness scape and the pace of technological progress rial was ordered to be printed in the of almost every aspect of PTO operations. will present us all with new and difficult RECORD, as follows: That may entail cooperative efforts with challenges. The challenges ahead are many, SENATOR LEAHY’S 12TH WOMEN’S ECONOMIC other patent offices around the world to find but we are all fortunate to have the chance OPPORTUNITY CONFERENCE ways to share search results. It may entail to enjoy the opportunities and to confront I begin with a disclaimer. In Senator Lea- establishing a program of deferred examina- the challenges the golden age of IP offers to hy’s letter, asking me to be the keynote tion to give applicants an opportunity to each of us. speaker, he wrote as follows: ‘‘We invite you fully evaluate the need for patent protection I have enjoyed being with you and thank to share your compelling personal experi- before the office is called upon to conduct you for your attention. ences of how you molded your successful ca- any examination. My point here is not to f reer path to the Vermont Supreme Court, all suggest specific initiatives. It is not my the while raising two daughters as a single place to tell the PTO how it should operate. VERMONT’S 12TH ANNUAL WOM- mother.’’ I only cite these as examples of the kinds of EN’S ECONOMIC OPPORTUNITY I was of course so excited to learn that things the new leadership of the PTO will CONFERENCE Senator Leahy knew my name. And, that he need to seek out if it is to avoid getting bur- Mr. LEAHY. Mr. President, today I thought I had done a good job of balancing a ied in the avalanche of new applications career and a family. But, after skipping looming on the horizon. would like to share with my friends in I know the PTO has engaged in a vigorous the Senate a great story of personal around the kitchen a bit, I settled down. effort to hire and train new examiners. I triumph and success as told by Sen. Leahy did not really know what those have been privileged to speak at a gradua- Vermont Supreme Court Associate Jus- compelling personal experiences were. Per- tion ceremony for an impressive class of new haps he was lured into inviting me because a tice Marilyn Skoglund, the keynote staff member had heard rumors that my examiners from the PTO’s new patent acad- speaker for Vermont’s 12th Annual emy. But that’s only half of the equation. It ‘‘successful career path’’ was pretty funny. serves no real purpose to hire new examiners Women’s Economic Opportunity Con- Someday I will be old enough to know better if an equal number of examiners—especially ference. than to discuss my past in public just be- experienced examiners—resign. The PTO will Marilyn forged her own remarkable cause I was so flattered someone of Sen. Lea- need to go back to basics and creatively path to success. She received her bach- hy’s stature asked, but, here I am. Ready to apply a new version of the Three R’s we all elor’s degree in fine arts from Southern reveal. I accept Sen. Leahy’s invitation to learned as kids. The rule for how to treat ex- Illinois University, and after moving to share my compelling, maybe, but more accu- aminers couldn’t be simpler: Respect, Re- Vermont, passed the bar exam on her rately, my ridiculous, oddball, clueless, expe- ward, and Retain. In this regard, it may be riences of how I managed to crawl my way first try all while raising her 7-year-old into the best job on the planet, all the while time for the PTO to develop new standards of daughter. Marilyn continued to rise examiner performance that mirror the stand- dragging two innocent, courageous daugh- ards of attorney performance used by law through the ranks of the Vermont Of- ters along in my wake. The journey through firms and corporate law departments. Just fice of the Attorney General where she the thicket of experiences was not always as attorney performance is not measured by served as both chief of the civil law di- pleasant, and mistakes were made. Truth is; billable hours alone, examiner performance vision and chief of the public protec- I may have nothing to offer to this audience. measured principally by the number of dis- tion division before her appointment in This is an economic conference. I am not an posals may not be the best approach. Count- 1994 to the district court, and subse- economist. I am not a psychologist. So, if ing disposals may be a raw indicator of per- you all just want to go get coffee and skip quently the Vermont Supreme Court in the gory details, I will understand. formance but does not recognize the judg- 1997. In addition to her accomplish- ment, thoroughness, and legal skills pro- To begin, how does one grade ‘‘success’’ in vided by first-rate examiners and expected ments, Marcelle and I admired balancing work and family? I am a justice on by the public. Marilyn’s candidness as she walked us the Vermont Supreme Court. I have a good Other patent offices around the world are through her journey. She offered more reputation as a jurist. I was a very good law- involved not only in giving birth to patents than 300 Vermont women a very honest yer. I have no arrest record. So far so good. but in assessing questions of validity raised and inspirational perspective on the re- I raised one daughter, let’s call her Martha, over the life of a patent. That may explain alities of balancing both a career and a who is an ObGyn doctor delivering babies in why examiners in many countries are treat- New Hampshire. She seems very content and family. satisfied with her life. She just got married ed differently than U.S. examiners. It is not Marcelle and I have hosted the that U.S. examiners are less competent or to a wonderful man on August 30th. Most im- any less dedicated. Far from it. But if the Vermont Women’s Economic Oppor- portant indicia of success: She loves me. I primary role of an examiner is limited to ex tunity Conference for 12 years, and we raised another daughter; I will call her Ruby, parte matters that end on the day the patent look forward to attending each year be- who is working on a Ph.D. in clinical psy- issues, there will understandably be a dif- cause we consider it one of the most chology. She is currently very annoyed at ferent interest on the part of the public in important events in which we take how hard life is, but feels good about her what examiners do and who they are than if part. Though our economy may be fac- work. She loves me. This sounds great! By they played an essential role in the deter- the way, I have changed their names to pro- ing difficult challenges, this year’s tect their privacy. They each bear their fa- mination of validity challenges throughout conference, and Marilyn’s story, the life of the patent. One way U.S. exam- ther’s last names, as do I, so hopefully, I iners would have a greater opportunity to be showed that adversity can be overcome have shielded them from any further embar- recognized in much the same way as their and met with great success—especially rassment from their mother, at least for counterparts in other countries is if the new by motivated and talented women of today. leadership at the PTO decides to energize the all ages. Because, while they may be well adjusted current reexamination system to make it Vermont’s economic future depends women, the truth is, they adjusted to what the attractive alternative to litigation it on the countless talented women who their mother put them through. And, if ‘‘suc- was originally intended to be. This would re- drive it. According to the Vermont cessfully balancing’’ includes a solid mar- quire a much expanded corps of experienced riage, I am not your girl. Two creative, in- Center for Women’s Business Studies, teresting, unique men, neither ever bored reexamination examiners and the implemen- women-owned firms generate an im- tation of streamlined procedures to accel- me. I love them to this day, I danced with erate the processing of all reexamination ap- pressive $1.5 billion annually and cur- each at Martha’s wedding, but it did not plications. rently employ more than 35,000 work out. While it is evident that the PTO will face Vermonters. In 2006, approximately 39 In addition to my inadequacies standing up unprecedented challenges in the years ahead, percent of all Vermont businesses were here before you, I would also point out that the leaders and examiners I know are capa- owned, or partially owned, by women. everyone in this audience is clearly way ble, dedicated, and clearly up to the task. I Even though the number of Vermont ahead of where I was when I wandered into adulthood. Obviously, you are all women have every confidence that the PTO will women-owned businesses is on the rise, meet the challenges ahead and will continue with a high degree of confidence in your- to be a model for the rest of the world. we must continue working to encour- selves and your ideas, ambitions, and goals. Many have said that this is the golden age age greater growth. You are at an economic conference, for heav- of intellectual property. In the years to Mr. President, I ask unanimous con- en’s sake. You have given some thought to come, we can expect to see significant ad- sent that Justice Skoglund’s speech, your life. At the beginning of my meandering

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