XpresSpa Group Inc (XSPA)

[Ert123]

V's GVR is based on TEVA ruling where the appeal judges must rely on the evidence given at the original trial and the expert testimony that was given at that level. TEVA loss with the GVR was based on infinite measurement of a key data point and how it can be ambiguous. The V appeal is based on the same thing, the judges must rely on the experts at the district court level and the evidence given there and give difference to those findings. The 2 judges came to their own conclusion without giving difference to the district court findings. Noted in Chen's dissent how the judges retired and came to their own conclusion without hearing expert testimony. Judge, jury and USPTO all unanimous infringed and non obvious. We don't have a problem with indefiniteness in or claim so the GVR should be accepted as other cases similar to tevas have been GVR noting TEVA. The next catalyst is G SCOTUS response in July.