XpresSpa Group Inc (XSPA)

[JJSeabrook]

Personally, I thought Mr. Re did an Excellent job of arguing VRNG’s case in the appeal. He seemed better prepared in his argument than GOOG’s counsel, and he addressed the queries by the panel quickly, and succinctly. GOOG’s counsel simply never had his argument together, in my perception, and stumbled through his answers by the panel. I was not impressed by GOOG’s counsel’s argument, and it didn’t seem to me the panel was either. Evidently Re wasn’t impressed with it as I believe he waived his final response at the end. LOL

Although the oral argument is a part of the case, it still comes down to the written briefs, and the record. I’d have to give it to VRNG on the oral arguments today.

I’m thinking the “hash” remark had to do with the Judge’s knowledge of the decimal point error in the verdict, as well as the mixed response on one of the patents. I “think” those are the meat and potatoes of the “hash,” but obviously don’t know for sure.

IF the case were decided on the oral arguments today, I think VRNG would win hands down. It’s not, so they were entertaining, but I think well presented for VRNG by Mr. Re. He sounds a little bit like Jerry Lewis in some of his old movies, doesn’t he? LOL However, he was clearly the better orator today, and I thought he carried the day. Again, the written briefs, and the record, are far more important than the oral arguments.

I believe Justice Mayer, when he asked about GOOG’s failure to plead 101 “may” indicate he could go off the cliff again and opine on that in his opinion, as he has done before. However, the other Justice immediately passed over his query right after he was through by clarifying the issue had not been raised and was not a part of the appeal. Justice Mayer has raised it sua sponte before, and that would be possible to occur again in this case. Not saying it will happen, nor that it should have happened when he did it before, but it is an area of concern for me. Nobody ever knows what those guys are thinking for sure. One of the justice’s questions related to “complex neural network,” and I don’t think that was a part of the appeal in any way, but rather something he had a question about that he thought Re may be able to answer for him. LOL

The judge made a big deal of the PTO re-exam to GOOG lawyer on rebuttal on obviousness. I think GOOG got smacked on that point.

VRNG need only have 2 of the 3 justices rule for them in the appeal. I didn’t see that they lost any ground at all today in the oral arguments.

JJ