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Monday, October 04, 2021 8:09:24 PM
They will review for clear errors in the process and make sure that the law was followed. The CAFC is not reviewing because the patents are valid or are invalid. They are reviewing the process on how the Court arrived at the decision and to determine if the hearing was a fair hearing with no prejudice or bias and to make sure the Court followed precedence and the law.
As long as the District Court can legally justify the decision, then it will stand. Even if the CAFC remands the case back to District Court because Casper didn't give WDDD a chance to be heard on part 2 of the two part process, that doesn't insure it will be overturned. In my opinion, that seened to be an appealable issue. The Judge can then give WDDD a chance to be heard and still rule the patents invalid. Perhaps, the Court changes its mind but in my opinion, it is unlikely unless the CAFC actually overrules the decision.
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