Saturday, August 04, 2012 5:37:24 PM
In light of your claimed expertise in patent law, I find it odd that you have been strangely silent on the most basic fundamentals:
1) I never claimed such expertise - e.g.:
1a) the entire patent system has changed substantively since then
1b) I have never known doodley squat about the procedural aspects (e.g. Some of the currently relevant procedural aspects are the rules for getting an en banc ruling, or which portion of the appeals court will hear the appeal the final dc ruling after the trial.)
2) 10's of decisions doesn't make me an 'expert' even were the above points not true.
3) I consider that patent rulings have a large component of randomness - and therefore interesting but not hugely informative to debate about in prediction..
4) mouton was doing fine by himself correcting you mis-statements. And your debate with mouton was fixing the Dew errors.
But, since you ask, my opinion is that the majority opinion is enough off base in its basis that the odds of either a reversing en banc or a reversing ruling from the USSC (either as part of the PI ruling or the final DC ruling) is better than 50%. (If the basis had been less bizarrely sweeping or based upon something other than a reading as a 10 year old would make it then I would have assigned a much lesser probability on the basis of stare decisis). I'll provide the detailed basis of this later (right now my computer access is limited)
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