XpresSpa Group Inc (XSPA)

[Red Angus]

I sure won’t guess what will happen procedurally and time-wise in our case vs. Google. There is this observation, though: When the US Supreme Court slapped the appellate panel hard on the wrists in the Teva case the language could have been written by our hero in the 3-Justice panel, Justice Chen.

The point(s) made in the 7-2 US Supreme Court decision to send the case back to the appellate court (which lectured on, and emphasized, the obligation of the appellate justices to defer to the decisions of the trial court jury and judge on issues of fact, etc.) were EXACTLY what Chen said in his strong dissent from the 2-justice majority that hijacked our hard-fought trial court decision. These patent infringement cases are NOT to be examined de novo, says the US Supreme Court. This is judicial tradition, and it is now renewed case law. Period.

Exactly how and when the Teva principles will be applied to our Vringo case is yet to be seen---and we’ve all seen how huge multi-billion-dollar international corporations can drag things out time-wise---but we do appear to be back in the driver’s seat as a matter of law. jmho.