Friday, January 06, 2017 8:58:03 AM
Last night I had a patent attorney read the motion. He said that about the only thing that district courts care about is being overruled on appeal. Fed. R. Civ. P 59 contains, in part, a directive from the appellate court that in essence puts the district court on notice that it will likely be overruled in this case. He also stated that the motion is strong and compelling.
Thus, we now know why GERS and C&C did not go directly to the Federal Circuit appeal -- the Federal Circuit does not want to take its time with a ruling that it will likely overrule (since similar cases have been adjudicated differently than this district court has ruled).
That is my untrained, certainly unprofessional assessment of what we know and do not know -- for what it is worth.
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