Voip Pal Com Inc (VPLM)

[rapz]

Butters,

>> ... high that bias runs ... <<

That has been my concern too! Saw a lot of information on the Net about the Ninth circuit (California) adopting a blanket "policy" of using Alice to reject patents as early as possible to cut down "court costs" on patent cases and expedite their case load.

Mr. Hudnell, Amicus Brief, et al. repeatedly mention how wrongly Alice was applied to VPLM patent cases at "Rule 12 stage" instead of a claim construction hearing. What is Rule 12? Judge Albright and other District courts do not bother with Alice until the end.

An exception was a recent hearing in which Justice Reyna (and Moore) ruling against AAPL and allowing the "non-overlapping" claims, while PTAB was present to offer help. VPLM is free to assert these claims later. One can hear a lady justice wondering if it was appropriate for their "panel" to rule against or change PTAB rulings.

Appreciate your optimism about Judge Albright and Waco. Actually Austin may be a better place where Judge Albright presides. AAPL is building a huge hotel for 1000's of AAPL employees. Their experts can easily commute to Albright's court to testify, not "100 miles" as Koh says to justify NDCal venue in her declaratory judgement.