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Re: Rainmaker80 post# 1429

Sunday, 02/07/2016 11:12:05 AM

Sunday, February 07, 2016 11:12:05 AM

Post# of 2550
A request for a rehearing en banc would only come after...

1) the case has left District Court, i.e. the judge files a final judgement

2) one or more party files an appeal with the Federal Circuit and the Federal Circuit disposes of the matter (e.g., a CAFC panel issues an opinion, etc.)

Currently the case is still at the final stages in Tyler, Texas. In other words, there will be no request for a rehearing for the entire bench (which is what the latin term en banc means) of the Federal Circuit, until the matter reaches CAFC and then is reviewed by CAFC.

Since CAFC remanded the first trial back to DC, it's a good bet a 3 judge panel is going to look at it again and issue a written opinion on the revised damages in the case. The Federal Circuit is always unpredictable and extremely difficult to forecast. But this is still a little ways off, and the next news item to move the stock one way or the other should come from East TX.

I have not heard or seen any request for an En Banc review of the case

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