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Re: smokey post# 21949

Friday, 07/08/2016 11:36:29 AM

Friday, July 08, 2016 11:36:29 AM

Post# of 23256
Here is why your appeal is doomed:The Supreme Court recently (in 2015) changed how the federal circuit reviews appeals of patent cases. The used to review the appeal entirely "de novo" (anew) now they do not. Also the CLEAR ERROR standard is applied! That means the judges ruling has to be so unreasonable that it is obviously wrong. I read judge grewals markman ruling and it was very well reasoned very convincing and well argued and supported. Here is the result of that according to legal experts:

Elizabeth Barnhard, Leason Ellis LLP “As a result of the U.S. Supreme Court’s Teva v. Sandoz decision requiring the Federal Circuit to apply a clear error standard of review to a district court’s findings of fact pertaining to patent claim construction, litigants will have to pour their efforts into the Markman hearing and trial. The battle of experts over claim term meanings will be even more critical to a successful outcome for the prevailing party on appeal. The losing party can no longer assume that there will be a strong probability of reversal on appeal under a de novo standard of review.”

https://www.mayerbrown.com/files/News/f15da9a9-b228-43c3-b679-874e561bff14/Presentation/NewsAttachment/3fa082b4-3436-4012-841d-2a2d0acee2de/LawyersWeighInOnHighCourtClaimConstructionRuling.pdf