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Re: stark12 post# 42239

Monday, 05/03/2021 11:22:48 AM

Monday, May 03, 2021 11:22:48 AM

Post# of 46522
Which is exactly why the decision doesn't pass the smell test. In my opinion, which I stated months ago, she sent the case off to PTAB suspecting it would get killed off and it did not. Others here suggested it was sent to PTAB to make it airtight and validate the patents. Everyone has their own opinions. You are correct that the 101 issue should be construed in favor of the patent holders, especially since guidance was released in 2019, regarding that very issue. Yet that didn't happen here either. The 101 issue was before Casper's Court to decide the issue and she had complete authority to do so. She is not bound by PTAB and has complete independence with her decision, which is why we see PTAB decisions differ from District Court decisions.

Why let the case go forward for months and months if the intention was to dismiss? This could have been wrapped up before the election and it wasn't. Politics entered the equation. A new landscape corruption? Call it what you like. The pending Linden settlement forced her hand with the timing of the release.

I don't believe in coincidence, especially when it comes to bad news