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Thursday, May 10, 2018 1:11:09 PM
Two observations after careful reading and reading:
C&C is still part of the legal representation.
AND many of the 44 different issues virtually revolve around the on-sale bar conflict with the inventor's right to bench test; which the Federal Circuit has already adjudicated in July 2016. They may look different but if you follow the narrative they circle back to this lower court error which becomes the basis for many of the other rulings against GERS (e.g. inequitable conduct). This is the first time ALL of the issues associated with the lower courts' decisions are integrated into one publicly available filing. There is little doubt in my (non legal) mind that GERS will prevail if given the opportunity procedurally. Then again, I was certain the Cubs would never win a World Series.
It must also be clear to the defendants as well, and has been. I hope that we are not further delayed by disingenuous offers to "settle" as a delaying tactic.
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