Actually, I don’t think MNTA is a favorite to win the case via any individual argument, but they have four ways to win, which makes MNTA a solid favorite to win the case via some argument.
My wild guesses are that MNTA has a 40% chance to prevail on the obviousness/double-patenting argument, a 30% chance to prevail on non-infringement, a 10% chance to prevail on indefiniteness, and a 5% chance to prevail on inequitable conduct. If you do the arithmetic, the above probabilities yield a 64% chance for MNTA to win the case by some method.
“The efficient-market hypothesis may be the foremost piece of B.S. ever promulgated in any area of human knowledge!”
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