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postyle

04/25/14 12:00 PM

#52135 RE: Stoppatentthieves #52134

There's far too many variables in play for me to even hazard a guess.

With GOOG, we have no clue which way the panel will rule. There are many issues that could be affirmed or reversed. And there might be some that are remanded. The disposition of the first appeal should provide a clearer picture.

But we still don't even know who the panelists are on the first appeal. Some CAFC Judges take much longer to rule. Some (like Pauline Newman) tend to write very lengthy and time consuming dissenting opinions. And speaking of dissent, if there is a 2-1 split, that might open the door to an en banc petition, which is not likely to be granted.... but the decision on the petition will take time. As would a filing for a petition for Writ of Certiorari. Unlikely the Supremes would ever hear this case, but that doesn't mean we won't see a petition anyway.

And that's just the first appeal. The second and third (consolidated in Feb.) are still in the briefing/submitting process. Orals won't be until the fall. A decision might not come until late winter or early 2015. And again, the disposition will guide us from there.

As for ZTE, there are many foreign litigation events taking place concurrently. I'm just waiting for news of progress like everyone else.