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Re: Kurt_Banoffee post# 93825

Thursday, 09/24/2020 10:08:54 AM

Thursday, September 24, 2020 10:08:54 AM

Post# of 104413
Ignoring the legal arguments which none of us are qualified to assess, the process was interesting:

#1 - Petition for Review filed on behalf of K&L Gates LLP.
#2 - Response Waiver filed on behalf of Quantum Materials Corp.
#3 - Supreme Court of Texas Requested Response
#4 - Response to Petition for Review filed on behalf of Quantum Materials Corp.

In the Response Waiver (#2) Seth Kretzer writes- "Quantum Materials Corp. does not intend to file a response to the above-referenced petition for review unless the Supreme Court requests one.

In #3, the clerk, Blake A. Hawthorne responds, "The Supreme Court of Texas requests that respondent file a response to the petition for review in the above-referenced case."

So QMC didn't think it was necessary or didn't want to spend the time and money to do it and the court requests it of them. Why? Was the court hesitant to rule in K&L's favor without hearing from QMC first or was the court hinting to QMC that there was an argument for them to make which enabled the court to reject K&L's arguments?

EDIT: Maybe none of the above. Pages 8-10 of this SCOTX document helps explain this part of the process. Maybe it just means a justice showed some interest and took it off the "conveyor belt."

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