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Re: eightisenough post# 260157

Thursday, 04/02/2020 7:30:57 AM

Thursday, April 02, 2020 7:30:57 AM

Post# of 425931
Eight, wrong methodology used...which is the procedural error mentioned by patent attorney and law professor on the Jeffries call, which stands a better chance (50-64%) of winning on appeal. What gets me is that according to the expert, the Supreme Court dictated what methodology to use at the fed district ct for patent litigation, and judge du did not use it, but rather took on the methodology the uspto would have used...a mistake that has taken place many times in the past, therefore the Supreme Court involvement in the past. I am encouraged by this finding, however if the appellate court doesn’t have judges appointed to the case that are sticklers for procedure...then chances of winning drop. Anyways that’s my two cents from the Jeffries call.
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