Voip Pal Com Inc (VPLM)

[penny2pound]

Not actually.

On Appeal, if you listened to the entire hearing you will find that there was a split decision, and one which took things back to the courtroom. In that hearing, if you listen, you will hear Apple's counsel basically admit that there was an error made in the initial filings (not done by Hudnell, but rather by Malek) that was a technicality, on which their position hinged.

Hudnell did not make that same error in the new case - and it IS a new case - because it involves a unique and separate patent, which must, therefore, be evaluated on it's own merits and the merits of the case actually before the court. Regardless of what has gone before.

Patent law is about gamesmanship, language, descriptions and checking all the boxes in a complex and highly technical pursuit. There is no "waving a hand" and magically dismissing the entire concept. Why do you think she wants ADR? If she could just procedurally dismiss without any further effort, do you not believe, based on what we've already seen of her attitude, that she simply would?

We shall see.