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Tuesday, August 23, 2016 5:43:48 PM
When the transcripts become available that will become clear.
There were highly legal and technical
Points raised by the judges indicating they has questions they wanted clarity on as well as interpretation of newly issued federal Appeal Court rulings that impact and limit the PTAB, such as their inability to use "common sense or logic would dictate" in their ruling without clear and demonstrable evidence that each of the elements presented by Bungie was contained in the prior art in order to come to a finding of invalidation.
Non of the most recent Appeal Court ruling were in the briefs.
Although they have a leaning based on their preliminary ruling to institute the full IPR, they also need the evidence and explanation of the prior art's methodology to come to a definitive ruling that would stand the scrutiny of that very Appeals court.
That is in fact the purpose of over 5 hours of oral hearings.
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