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Re: IgnoranceIsBliss post# 276562

Wednesday, 05/27/2020 5:12:38 PM

Wednesday, May 27, 2020 5:12:38 PM

Post# of 425940
Tasty- not a patent lawyer or a USA lawyer
The patents were granted -and were thus valid patents
The obligation in the litigation fell on H and R to show that the patents were obvious
That obligation did not fall on Judge Du to do it for them
They - H and R had to demonstrate by the relevant test as to evidence and as to the “evidence”before the court in the litigation
That was not in my view to be found in a re examination of how the patent was granted - that was no evidence - because they were granted and presumed valid
Singer is right - Du was wrong to undertake this re examination in effect introducing such process into her own judicial mind and thus influencing the decision she made - and also in effect doing such on behalf of the defendants -
Alm
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