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Re: Patience to success post# 42112

Saturday, 05/01/2021 12:49:31 PM

Saturday, May 01, 2021 12:49:31 PM

Post# of 46854
The case will go to the CAFC for appeal. It does not simply get moved to TX, in a more favorable landscape for patent holders due to an unfavorable decision.

1) the CAFC will look for clear errors by Casper and evaluate any appealable issues

2) the 101 is a judgment call by Casper. Not easy to overturn that. CAFC could send the case back to Casper because she didn't want to hear from WDDD on part 2 of the requirement for 101. CAFC could determine Casper erred by NOT hearing part 2 and give instructions to rehear the 101 argument and now HAS TO hear S&G explain their position on part 2. That doesn't mean Casper will change her ruling only that she provide a fair hearing, which would include hearing S&G on part 2 of the issue. Then Casper holds the hearing and rules the same way on 101. There is nothing illegal about that. All of that will take at least a year and WDDD is back in the same position, only worse with no cash flow etc., unless by some miracle the Linden settlement goes forward and they are now flush with cash. As L4BIGcash has said, Zero impact on Linden case.

3) CAFC if they lose confidence in Casper's ability to address any appealable issue can then remove the case from her. In other words, if CAFC provides guidance to Casper and she fails to follow that guidance (and it does happen on occasion where District Court Judges fight with CAFC and defy instructions or guidance. However, it is usually only Senior US District Judges that would do that. Casper is a young Judge and has the possibility to move up so it is unlikely she would not follow guidelines or instructions from CAFC). It is unlikely case is removed from Casper.

As napkins (new moniker- toilet paper) likes to say - it isn't over until the fat lady sings. Sounds to me like stacy is warming up and hitting some high notes.
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