XpresSpa Group Inc (XSPA)

[postyle]

<< More likely explanation is the lack of rule 36 judgment which often issue about a week after hearing, IMHO. >>

I don't think anyone really expected a rule 36 judgement outside of a few MB participants who misread JJS' explanation of the possibility a portion of the appeal could be decided as such.

As I posted on another forum a week ago:

"Memo to everyone discussing rule 36 affirmation: it's not going happen".

As I posted tonight on that same forum:

"For the life of me I can't understand why anyone would think this was going to happen other than confirmation bias.

I could have both my hands chopped off, and still be able to count on my fingers how many rule 36 affirmations I have seen in complex IP litigation that has made it to the Fed Cir.

On top of that, you have the presiding judge in the Federal court saying this is a case that could be tied up for many years in appeal(s). And someone actually thought this would be a probable candidate for Rule 36 summary affirmance ? More common sense, less wishful thinking."