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Re: BrokeAgent post# 74988

Saturday, 11/30/2019 8:59:48 AM

Saturday, November 30, 2019 8:59:48 AM

Post# of 96905
I believe that avenue for appeals is closed. Going to the PTAB (and CAFC) eliminated patent invalidity for appeal. VHC, for example, didnt have patents reviewed by the PTAB prior to trials. As a result, Apple was able to take them there and get the patent(s) invalidated. Not so here. Our case now is whether the patents are infringed- patents can be valid, but not infringed. Not sure I know of a case where a jury verdict was overturned in appeal determining that valid patents were infringed. Usually it is the patent itself that is determined to be invalid, not the infringement.

All information provided is the opinion of this poster from review of information in the public domain.

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