Wednesday, February 20, 2019 1:47:38 PM
It will come down to whether PTAB adopts privy vs control.
CAFC favors privy, PTAB first go round was focused on control.
As was Worlds. CAFC kept hammering privy and thus Worlds has adopted that.
It is one of the reasons why I think if t goes back to CAFC its a slam dunk. Worlds can prove privy as it is much more broad, they are having a real hard time proving control with existing evidence. PTAB did not allow new evidence, so that is why this issue is the biggest concern for me.
I have not looked at the cited cases yet, so haven't dug into it.
Just my first take.
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