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Thursday, March 08, 2018 9:13:52 AM
Since the issue at hand is primarily about the interpretation of the patent law regarding timebar process,
The thing is - and Alpha raises a good point about this - Mayer has clearly proven in his track record that it doesn't really even matter what the issue at hand is. Even if the facts of the case or previous rulings say one thing, he still tends to get off-topic and push his agenda/bias onto the case. That's where VRNG v Google comes in.
The worry with Wallach is that because he was a part of the 2-1 vote in the case, he may be influenced by his own vote to bring up patent validity even though it's not really part of the hearing.
At least with Chen we can be fairly certain he would vote in favor of patent validity, although you raise a good point in him being a former USPTO employee. From all accounts he seems like a fair judge who would not let that type of bias influence his vote.
The way in which Alpha will NOT tell the full truth is that Google's appeal vs. VRNG was based on the constructivism and obviousness of VRNG's patents. So although 101 was never raised by Google, it was still directly applicable to the subject of the appeal.
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