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JJSeabrook

10/24/14 1:34 PM

#56129 RE: Patentinvestor #56128

"Second" was a jab at Mayer, and rightfully so as Mayer has held that position in prior appeals where he searched to reverse under 101.

Although it's a poke at Mayer, his concurrence is not a part of the main opinion of the case, and the reason for the reversal. It really doesn't do a lot for their argument for en banc rehearing, although it indicates Mayer's willingness to reverse the trial court in a patent case under whatever grounds he could.