Saturday, December 24, 2016 12:31:09 AM
THE RECENT VHC RULINGS AT THE CAFC DID NOT OVERTURN VALID CLAIMS
Links here
http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/16-1211.Opinion.12-7-2016.1.PDF
http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/16-1480.Opinion.12-7-2016.1.PDF
http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/15-1934.Opinion.12-8-2016.1.PDF
THEY (CAFC) DID NOT OVERTURN VALID CLAIMS THEY CONCURRED WITH PTAB FINDINGS ON INVALIDITY- THIS IS A MATERIAL ISSUE / DIFFERENCE IN THE TWO CASES
SO LETS USE FACTS FRIEND NOT UNRELATED CASES SUGGESTING THAT THE ISSUES ARE THE SAME AS THEY ARE 100% NOT THE SAME
WE HAVE PTAB VALIDATED CLAIMS THAT WOULD NEED TO BE OVERTURNED. VHC HAD PTAB KILLED CLAIMS AND PATENTS THEY WERE LOOKING TO REVERSE WITH NO VALID CLAIMS
THESE ARE TWO EXTREMELY DIFFERENT SITUATIONS
1. VRNG had its district court win overturned on Alice which has since been limited in its effectiveness to kill patents and reined in as stated
2. VHC had patents KILLLED AT THE PTAB AND THE RULING WAS AFFIRMED BY THE CAFC
IGNORING A MATERIAL DIFFERENCE BETWEEN THESE TWO CASE SUCH AS THAT FACT IS QUITE POOR DILIGENCE IN MY VIEW
AGAIN
1. We have ptab validated claims and want additional overturned - my whole argument has been based on the fact that the ptab is the high hurdle and we at least have some claims through, thus only upside left as the CAFC uses a more patent holder friendly claim construction. The counter argument which has now been proven faulty was Wallach is a software killer look what he did to vhc- well;
2. Vhc had no valid claims and wanted that reversed - that is not the same situation or even close to what we are facing
By logical conclusion ( as I said prior) find some stats on how many PTAB VALIDATED CLAIMS HAVE BEEN OVERTURNED BY THE CAFC
THE COMPARISON OF THE TWO CASES IS COMPLETELY BASELESS
Links here
http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/16-1211.Opinion.12-7-2016.1.PDF
http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/16-1480.Opinion.12-7-2016.1.PDF
http://www.cafc.uscourts.gov/sites/default/files/opinions-orders/15-1934.Opinion.12-8-2016.1.PDF
THEY (CAFC) DID NOT OVERTURN VALID CLAIMS THEY CONCURRED WITH PTAB FINDINGS ON INVALIDITY- THIS IS A MATERIAL ISSUE / DIFFERENCE IN THE TWO CASES
SO LETS USE FACTS FRIEND NOT UNRELATED CASES SUGGESTING THAT THE ISSUES ARE THE SAME AS THEY ARE 100% NOT THE SAME
WE HAVE PTAB VALIDATED CLAIMS THAT WOULD NEED TO BE OVERTURNED. VHC HAD PTAB KILLED CLAIMS AND PATENTS THEY WERE LOOKING TO REVERSE WITH NO VALID CLAIMS
THESE ARE TWO EXTREMELY DIFFERENT SITUATIONS
1. VRNG had its district court win overturned on Alice which has since been limited in its effectiveness to kill patents and reined in as stated
2. VHC had patents KILLLED AT THE PTAB AND THE RULING WAS AFFIRMED BY THE CAFC
IGNORING A MATERIAL DIFFERENCE BETWEEN THESE TWO CASE SUCH AS THAT FACT IS QUITE POOR DILIGENCE IN MY VIEW
AGAIN
1. We have ptab validated claims and want additional overturned - my whole argument has been based on the fact that the ptab is the high hurdle and we at least have some claims through, thus only upside left as the CAFC uses a more patent holder friendly claim construction. The counter argument which has now been proven faulty was Wallach is a software killer look what he did to vhc- well;
2. Vhc had no valid claims and wanted that reversed - that is not the same situation or even close to what we are facing
By logical conclusion ( as I said prior) find some stats on how many PTAB VALIDATED CLAIMS HAVE BEEN OVERTURNED BY THE CAFC
THE COMPARISON OF THE TWO CASES IS COMPLETELY BASELESS
