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Wednesday, June 07, 2023 12:30:28 PM
More about NDCal case dismissals. Consider risk minimization strategy. We have known NDCal and its rotten local rules encourage the application of Alice rule to invalidate patents for non-obviousness. Silicon Valley companies are free to infringe patents without accountability.
Donato does not seem to "think independently" about IP on his own. If Silicon Valley companies use NDCal to cancel all patents they infringe and invalidate patents using the Alice rule, these patents get "tarnished". They go through Appeals and other courts, being cited for rejection based on Alice rule. Patent holders have to spend years to argue out of the Alice rule, in courts to revive the patent's viability again. Even SCOTUS has no clue or a solution. Check their ruling on the American Axle case. They goofed! It is better to get out of NDCal "untarnished" and pursue cases in Waco where the judge knows patents unlike NDCal's clueless judges. jmo.
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