Replies to post #56714 on XpresSpa Group Inc (XSPA)

[Daslt]

Teva is similar to VRNG. Overturned by the CAFC went to the supremes.

Supremes response:

Per Justice Breyer: the Federal Circuit's decision is vacated and remanded. - See more at: live.scotusblog.com/Event/Live_blog_of_orders_and_opinions__January_20_2014#sthash.UDgjrbR4.dpuf

When reviewing a district court’s resolution of subsidiary factual
matters made in the course of its construction of a patent claim, the
Federal Circuit must apply a “clear error,” not a de novo, standard of review. Pp. 4–16.
(a)
Federal Rule of Civil Procedure 52(a)(6) states that a court of
appeals “must not . . . set aside” a district court’s “[f]indings of fact” unless they are “clearly erroneous

This is very good for VRNG - light at the end of the tunnel that the supremes will make the same conclusion for us and send it back to the CAFC.

They slapped the CAFC pretty good on this one.