Thomas Jennings Bailey
Judge Bailey no longer hears cases. This profile is preserved as a historical record of how they ruled.
How Judge Bailey decides
Patterns drawn from this judge's own signed orders. Every observation links to the order it came from.
What persuades
He read an insurance exclusion narrowly in light of the basic protective purpose of the policy.
“After all that may be said, the purpose of insurance is to insure.”
He treated the creation of a new group of chemical compounds as potentially inventive even where prior literature predicted that such a group might exist.
“The production of a new group of chemical compounds, even though some one has stated that such a group of compounds may exist, may be an invention within the meaning of the patent laws.”
Cautions
He set aside an administrative order where the agency had not made the jurisdictional findings necessary to connect its action to the governing national policy.
“Inasmuch, then, as we are of the opinion that the Commission had no jurisdiction, unless it be necessary to carry out the national transportation policy, and, as the Commission has made no findings to support that conclusion”
He confined patent disclosure analysis to the application itself rather than extrinsic evidence of what the inventor possessed.
“That question must obviously be determined from the application itself”
Signed rulings
A grounded sample of orders signed by this judge, with the verbatim dispositive language.
“The complaint should be dismissed with costs.”
“Plaintiffs are not entitled to a patent containing claims 10, 11 and 12, as to which claims the complaint should be dismissed. 3. There is no estoppel either by judgment or in pais as to claims 2 to 8, inclusive, of the present application. 4. Plaintiffs are entitled to a patent containing claims 2 to 8, inclusive, of the present application.”
“plaintiff is entitled to the issuance of a patent containing these claims.”
“the order of the Commission should be set aside.”
“The complaint will be dismissed.”
“The motion for a new trial will be overruled”
“The motion of the plaintiff for a summary judgment will be sustained”
“the motion of the defendant for a summary judgment will be overruled.”
“Ordered that the motion of the plaintiff be and it is hereby denied and that the said questions be answered.”
“The application for a temporary injunction will be denied.”
“The motion of the defendant for judgment notwithstanding the verdict is overruled”
“its motion for a new trial is also overruled.”
“The motion of the plaintiff for judgment is sustained in the amount fixed by the compromise settlement”
A historical record
Judge Bailey no longer hears cases. This profile stays available as a record of how they ruled. If you're preparing for a matter, start from the court's current bench.