Wednesday, March 21, 2018 9:07:22 PM
These two quotes are incredibly important imo, mad.
1) I think the first is a positive for WDDD - judge panel knows that an appeal is probably likely, so rather than going back to PTAB, back to CAFC, deal with it now. Would be favorable obviously if they dealt with it now as our judges are favorable. (JJ, if you're reading this message, I appreciated your messages. IHub is the only website I've ever been on that requires you to pay to MESSAGE other users. I appreciated your words). These judges know a remand means delay, which hurts patent defendants.
2) This is a claim I have yet to see countered by DataStream, in his argument that the PTAB would be sent specific instructions by the CAFC panel and that only the topic of IPR would be dealt with. I disagree. Going back to the PTAB and opening any doors for your claims to be further looked at, even if off-topic, is a massive risk. It's why surviving the PTAB, even with 70-80~ claims killed, was such an achievement for WDDD.
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