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Re: zeki555 post# 35990

Wednesday, 09/25/2013 1:10:33 PM

Wednesday, September 25, 2013 1:10:33 PM

Post# of 52858
The Appellate Court frequently takes a different view of claims construction than the lower court. Here are the statistics -- 35% of lower court adjudications are overturned on procedural issues that have nothing to do with what most folks call "justice". 35%!, not my number theirs. Most of the costs have been absorbed in the MDL proceedings, they would be nuts on a financial basis not to take this 35% shot. BUT, in addition, DVG is, based on GERS' principals knowledge, completely convinced that he is in the right and will appeal if he loses the MDL on that belief. You can take that to the bank. My advice, stop inventing possibilities and theories that have been authoritatively (we have input from the principals, an experienced IP attorney following this case, and we have the history of the litigation) discussed and dismissed in the past.

By the way the dump has started:

$0.0003 1,468,000 OTO 12:52:12
$0.0003 5,972,116 OTO 12:52:12
$0.0003 3,581,943 OTO 12:52:07