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Wednesday, December 28, 2016 9:27:07 AM
I think the problem is that if they go to court now (or at any time), they have to bring in 'all matters in controversy' or 'compulsory claims' in the same case. This would also apply to counterclaims or cross claims by defendant(s). i.e. If the defendant(s) have a claim that arises from a case, they have to file them at that time, they can't wait for the case to finish and then file another case later on the claims.
If they go to court now, WDDD has to file with all of the claims when they file. If some of the claims in a patent can't be used right now, because of the PTAB decision, then they might not be able to refile the case later on those claims because all of the claims on a patent, I would expect, need to be filed at the same time in the same case.
Louis J. Desy Jr.
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