XpresSpa Group Inc (XSPA)

[Red Angus]

Gambling and rambling. Of course the letter to Google can be interpreted several ways. Someone who is long and hopeful might see the significance as follows:

En banc appeals are only granted in unusual circumstances. For several important reasons (See the Chen dissent) there may be a desire to grant Vrng’s motion to at least review this matter. So that the granting of the en banc doesn’t seem like a bolt out of the blue or a departure from tradition and practice a red flag is being raised via the letter.

It's a notice that something may be up in this case.

Chen’s dissent, in my opinion, was especially strong. Maybe the appellate justices really will in fact choose to face up to the questions raised by the majority’s total disregard of the jury’s and trial judge’s (and patent examiners’) findings of FACT in this case.

If that issue is not dealt with here we all know that the case will be appealed to the Supreme Court. It will be appealed by the losing party, period, (whether the appeal will be accepted is another question). So the question then becomes: In view of the inevitability of an appeal on the basic question raised in this case which HAS to be answered in some case sooner or later, which side does this Circuit want to be on before the Supremes? Maybe the total Circuit will want to be on the other side of this issue (We're talking about being where we are because of the vote of one person.)

I dunno. I’m still long, and have picked up a few more shares rather recently. Gambling and rambling.