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.