Tuesday, May 04, 2021 10:55:43 PM
The issue that sticks out to me is Casper didn't want to hear from counsel, for WDDD, on part 2 of Alice 101 test. That should be an appealable issue. However, case could get returned to Casper with instructions to hear from counsel in part 2. That doesn't mean it changes the outcome. It is entirely possible for her to hear counsel on part 2 and still rule against them (as we already know what she thinks and will likely do what she can to support her ruling). Or perhaps it changes her mind, but in my opinion that is not likely.
If the CAFC determined that Casper got the 101 issue wrong and overturned her ruling that would be a different story - great news. Either way it is an uphill battle.
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