XpresSpa Group Inc (XSPA)

[Patentinvestor]

Postyle, with all due respect my commentary was taken from a article that contained comments from Eric Spangenberg, head of IPNav who is a lot more astute than me on the matters.

In his comments he states that he expect amicus briefs to be filed on VRNG's behalf as the decision is way out of bounds. Maybe that won't be Apple or IBM but then again maybe it will.

He also says that VRNGs "chance at getting a En Banc review is fairly high." The term "fairly high" isn't a guarantee but I was merely trying to imply that the high profile lawyer VRNG just hired gives us a even better chance at the review.

I respect you in the highest regard but I think I will be following Spangenberg on this issue.

Here is the article excerpt:

"The presumption of 'validity' and the 'clear and convincing evidence' protections for patent owners are worthless if the Federal Circuit can just invoke common sense to invalidate claims," he said.
Judge Chen's dissent suggests "you need something more to overturn a jury and a district judge," he said.
To be sure, Spangenberg allowed that Google's expert disagreed, but said "that goes to the weight of the evidence and is not dispositive of anything."
Spangenberg said he expects briefs to be filed by other interested parties in Vringo's appeal to the full appelate court. "You will probably see some amicus filings as this one is way out of bounds."
Vringo's chances of success at getting an en banc review are fairly high given Judge Chen's dissent and the controversial subject matter, Spangenberg said.
"Will Vringo win if they get to en banc panel?" he asked. "They should. It depends on who is on the panel, but the Federal Circuit is struggling with consensus, so expect a divided opinion and just too close to call."


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