Monday, September 19, 2016 11:33:16 PM
It only must be used if the ruling is provided after the patents expire (which I believe is November 13th)
So technically, if the ptab can pen the ruling prior to that date they could use BRI
However, given the proximity to that date, and the undoubted fact WDDD would appeal to the CAFC who would use BRI, along with the markman hearing results, by doing so the ptab would almost look like they were trying to invalidate the patents any way they can.
If they are being reasonable, Philips will be used
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