Thursday, July 15, 2021 1:07:00 PM
Whether or not Koh understands the technology differences or "cancer" types, she will LIKELY agree with AAPL and rule against VPLM. That has been the pattern so far and the market seems to expect it.
Investors wondered why Judge Albright allowed the 606 RBR patent cases to go back to Koh and get a declaratory judgement ruling. Were issues like "venue", "first to file" etc. important? Why such issues did not affect other defendants like FB, GOOG, AMZN?
This time is different. AAPL did not raise such issues like "venue", "first to file", etc. like the last time. They went straight to Koh, while waiting for a hearing in Oct 2021 on the current RBR case. Is there a legal process to stop the defendants or Koh this time? Maybe there is. If there is, it'll be worth watching what happens next.
Reading about Judge Albright and listening to his podcast, once the "gateway" patent case goes on the court calendar, it may proceed fast, in spite of several "roadblocks" from the defendants.
The gateway case is about a single claim (from each of the two patents). It is highly focused and short. A single claim is enough to sue for infringement. Winning in the US court is worth a lot compared to 12-0 PTAB win. Chances are looking good! jmo.
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