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Federal Judiciary

: Eastern District of Texas Federal Court Practice

Wikipedia as Authority in Technology Tutorials for the Court

By Michael Smith

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Buried in footnote 4 of Judge Clark's Markman ruling in Iovate Health Sciences Inc et al v. Bio-Engineered Supplements & Nutrition Inc , 9:07-cv-46 is the Court's bemused observation that "[a]t the end of its technology synopsis, supposedly submitted for the purpose of educating the court, BSN stated ?Nothing herein should be construed as an admission by BSN.? See Doc. # 90 at 11. Questioning revealed that BSN had copied excerpts from Wikipedia, an on-line encyclopedia service that can be altered at will by any user. Tr. at p. 109, l. 16 - p. 110, l. 25. In spite of BSN?s kind warning to the court that the documents and statements it presents to the court are not to be trusted, BSN?s description of citric acid in three ionic forms is, in this instance, correct." (Emphasis added).
I'm at a loss for words on this one. Just talk among yourselves.

Full post as published by Eastern District of Texas Federal Court Practice on March 29, 2008 (boomark / email).