Wednesday, October 17, 2018 2:27:51 PM
I honestly think it will be a non issue as estoppel applies
if it has been fully litigated, there was no discovery allowed
therefore it was NOT fully litigated.
SO my focus is on the RPI issue all by itself.
If WDDD does not win the RPI issue, then In
my opinion PTAB rules the same on the claims taken away
and we head back to CAFC appealing RPI a second time
and the exact claims a second time.
And I think 2nd time will be a win at CAFC
with existing Judge Panel.
All of that is predicated though on what we have as existing information now. New evidence could change all of that. But at this time
there is no new evidence.
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