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Tuesday, September 12, 2017 2:52:11 PM
The positives is if found unconstitutional the way I interpret it is that PTAB would be thrown out. The CAFC would have to take that decision by SCOTUS and since WDDD is arguing in its briefs the constitutionality of IPR/PTAB the CAFC would vacate the PTAB findings.
A mid ground is much more aligned with a post and pre AIA ruling.
This is tremendous news, if interpreted correctly. I do not believe WDDD needs patents back to get a win in trial (I believe their current IP portfolio is strong enough), but it would certainly strengthen their case tremendously.
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