The very next sentence of the opinion states, «The district court found no such infringement, and we agree.» (howappealing.abovethelaw.com)
Richard, you should have included the very next sentence after your quotation: «You may be pointing out that AGW is a non-falsifiable theory, but that's much different than saying the theory doesn't use measurements.» (wattsupwiththat.com)
They'll say «AGW is a hoax,» then next sentence, «the AGW - hoaxers are planning to impose a totalitarian dictatorship upon us.» (realclimate.org)