In this task, you will be shown a prompt from a judicial decision and multiple holding statements derived from citations following text in a legal decision.  Holdings represent the governing legal rule when the law is applied to a particular set of facts. There are five answer choices for each citing text. The correct answer is the holding statement that corresponds to the citing text. You should write an incorrect option. Even though there exist multiple wrong answers, we only need a single wrong answer. There is a <HOLDING> token in the position of the citing text prompt where the holding statement was extracted.
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Question: (citations omitted). Kaul believes that because the Court did not include seizing cigarettes fi*om Indians inside a reservation on this list, Stephan lacked jurisdiction to execute the search warrant at Kaul’s store. However, we do not read Oklahoma Tax Commission and Colville as necessarily prohibiting state officers from conducting search and seizure operations within a reservation’s borders under the authority of a federal grant of criminal jurisdiction to the state. Instead, these opinions merely offer several options that state officials may employ to enforce regulatory cigarette tax statutes. Here, Kaul waived the argument that the Kansas statute was regulatory in nature because she did not raise that issue below. Thus, for purposes of this appea 3, 2061, 109 L.Ed.2d 693 (1990) (<HOLDING>). Furthermore, the Supreme Court has long held 
 Holding statements: (A) holding that a nonmember who files a civil claim in an indian tribal court consents to tribal jurisdiction (B) recognizing the inherent power of indian tribes  to exercise criminal jurisdiction over all indians (C) holding that indian tribes lack tribal jurisdiction over crimes committed by nonmember indians within the tribes reservation (D) holding that indian tribes could only exercise criminal jurisdiction over tribal members and not other indians (E) holding that an indian tribes exercise of criminal jurisdiction over nonindians is inconsistent with the domesticdependent status of the tribes and that tribes may not assume such jurisdiction without congressional authorization

Answer: holding that a nonmember who files a civil claim in an indian tribal court consents to tribal jurisdiction


Question: Chief Judge: The appellant, Craig G. Falk, appeals from a July 8, 1996, Board of Veterans’ Appeals (BVA or Board) decision denying his claim service connection for post-traumatic stress disorder (PTSD). As the appellant has limited his appeal to the denial of that claim, the Court deems the appellant to have abandoned his right to appeal with respect to the denial of entitlement to benefits under 38 U.S.C. § 1151. Bucklinger v. Brown, 5 Vet.App. 435, 436 (1993); see also Carbino v. West, 168 F.3d 32, 34-35 (Fed.Cir.1999) (<HOLDING>). Upon consideration of the pleadings of the 
 Holding statements: (A) holding that an issue not presented to the trial court will not be considered on appeal (B) holding that issues not presented in an appellants initial brief to the court need not be considered under this courts rules (C) holding that claims not raised in an appellants initial brief to our court are waived (D) holding that issues not raised in an appellants initial brief are deemed abandoned (E) holding an appellant may not use the reply brief to argue issues not argued in the initial brief

Answer: holding that an issue not presented to the trial court will not be considered on appeal


Question: for a patent holder to continue to mark with an expired but previously applicable patent.” Document No. 31 at 18. In support of this proposition, Pro Patch cites two cases, neither of which holds that marking a product with an expired patent can never constitute a violation of § 292. See Arcadia Mach. & Tool Inc. v. Sturm, Ruger & Co., Inc., 786 F.2d 1124, 1125 (Fed.Cir.1986) (upholding district court’s grant of summary judgment in favor of patent holder who had marked his products with an expired patent, stating that "[p]aramount is the [district] court's finding and conclusion that Arcadia had totally failed, after at least nine months of discovery, to produce any evidence of intent to deceive the public.”); FMC Corp. v. Control Solutions, Inc., 369 F.Supp.2d 539, 584 (E.D.Pa.2005) (<HOLDING>). It is self evident that once a patent has 
 Holding statements: (A) holding that copyright infringement defendant failed to prove the affirmative defense of unclean hands which was based on the patent holders marking of its product with an expired patent because there was no evidence that the patent holder had acted with the requisite intent to deceive (B) holding patent policy incorporated by reference into patent agreement (C) holding that knowledge of the patent is required for willful infringement (D) holding a nonparty to a patent infringement suit who funded an unsuccessful challenge to a patent could not file a subsequent lawsuit again challenging the patent (E) holding in a patent infringement case that plaintiff lacked standing where it held a conditional right to license a patent and enforce license agreements but did not have the right to transfer the patent

Answer:
holding patent policy incorporated by reference into patent agreement