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Friday, March 09, 2018 6:06:12 PM
In fact had Worlds not sought remand as an option as an alternative to dismissal in the brief to the CAFC then if CAFC declined to throw out the IPR there would be no other option, remand was a requirement as a backstop.
A remand if that is what the CAFC does will come with a strong ruling against the PTAB. The PTAB is on notice so they have to grant discovery or dismiss the IPR ruling. This is a win win for Worlds, full stop.
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