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Tuesday, May 13, 2014 9:11:23 PM
<< 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."
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