Monday, February 08, 2016 4:25:34 PM
I’m not absolutely sure if a European Court, for example, would have to accept a CAFC determination of “obviousness” on an appropriate infringement claim by Vringo against Google, but in the US we be dead.
Since only about 80 out of 8000 cases that seek Cert are granted, we had less than a 1% chance to be granted Cert even though the Supreme Court has recently very strongly stated that CAFC is wrong to substitute its personal opinions for the facts in place of the jury (and trial court judge) who sat through a long trial. It could be argued that CAFC basically is thumbing its nose at the Supremes, but the CAFC guys and gals are basically bullet-and-bomb-proof. They can always claim that the facts of a particular case are somehow unique or different, and for that reason they can disregard the Supreme Court dicta.
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