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Friday, September 13, 2024 5:00:15 PM
FILING AN APPEAL DOES NOT STOP OR DELAY THE TRIAL COURT'S ORDER
Samsung can "claim" whatever they want—as we've seen through litigation—but the truth of the matter and reality is that all other litigation will proceed as though Samsung has no license until overturned or remanded by appeal court.
For all intents and purposes, if Scarsi denies JMOL and issues Final Judgment in BOC case, Samsung will be legally considered UNLICENSED going forward.
The distinction between BOC scenario and PTAB decisions on patent validity is that the PTAB is not part of the judicial branch and has no binding authority or preclusive effect over District Court unless affirmed by CAFC. In the non patent BOC case, final judgment stands till appeal court rules otherwise.
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