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Re: abcd12 post# 31878

Friday, 05/11/2018 10:54:31 AM

Friday, May 11, 2018 10:54:31 AM

Post# of 46497
Yes but they agreed with ptab and found the patents un patentable...
to me this is not in our favor... correct me if I'm wrong.

Our judges "in order to vacate" must first decide they want to look at the case as "de novo" AND then find/discovery of "real party of interest" like ptab should have, then decide on the time bar issue, then decide on the patentability issue with lost claims? Or does the discovery and time bar issue supersede the rest if the decide to just deem ATVI as RPI? Sounds pretty layered and makes me think remand... unless I'm confused, that final written decision from westernGeco does not help us.
even though the cases seem pretty different who thinks otherwise? Anyone else have better explanation... or opinion on what path our judges may take/ possible scenarios?
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