Mosaic ImmunoEngineering Inc (CPMV)

[Neverending]

On remand, the district court will need to decide whether this change in the claims construction impacts the prior non-infringement decision against TPL/PTSC. The appeals court ruling is meant to SERVE AS A GUIDE to the district court on what to do. Though they did not say for sure your case is done the appeals court did say:

"Although this minor modification to the district court’s construction likely does not affect the outcome in this case, because the parties stipulated to non-infringement under the district court’s construction"

The reason they said so is half of the district courts claims construction was actually affirmed on appeal. The district court could simply say you are done because the change left intact 1 limitation on the 336 patent or there could be more arguments. Before investing here I would certainly want to see if the district court does not simply say your done as the appeals court seems to believe. Then I would want to hear TPL/PTSCs argument about how they can over come the modified construction. The modification is wording PTSC actually said they were ok with but what was left from the original claims construction is wording PTSC argued hard against and lost.