Tuesday, January 10, 2017 1:18:10 PM
On the merits, particularly the issue of standing, the appeal court did not at all sound receptive to the idea that Judge Davilla got something wrong. Google's argument seemed to go pretty much unchallenged, whereas MaxD had tough sailing on the alter ego theory.
So, I think the appeal will likely be dismissed (the judgment of Davilla affirmed) on this ground. The court may also make some comment on the question of whether the original (now defunct) agreement between VSL and MaxD including a license to the '339 patent at all, but this may be considered unnecessary.
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