Every now and then, a court will produce an opinion that seasoned practitioners may find to be – well, a bit odd. This might be the reaction of some in reading the scholarly, but somewhat obliquely argued Dissenting Opinion in the Federal Circuit’s recent alleged patent malpractice case of Byrne v. Wood Herron & Evans. Others may find that these highly intellectual, but rather disembodied, judicial comments could be a bit lacking in historical perspective.