The article says PTSC will probably lose their appeal! From the article:
"The first thing – the most useful thing – the best position to have in an appeal to the federal circuit, is one in which the brief is filed with a red cover. Now why is that important? It’s because the blue brief is filed by the appellant, that’s the party that lost below. The red brief is filed by the party that won in the district court or in the patent office. And that’s the best position to be in because the appeals court is a court of error – which means they are only there to fix errors. If no error is shown, they will affirm the judgment below. So, it’s best to win the trial."
Like I said there is a "clear error" standard used by the appeals court judges. That must mean that the district court decision cannot be just a little wrong or maybe wrong it must be blatantly wrong and badly reasoned. Unlike many on the board I read the district court decision and it was meticulously well reasoned and the judge supported his conclusions with the statements of the patent holder. Airtight reasoning in fact. No appeals court would possibly touch it. It should be easy for them to simply "affirm" the decision that lost U the case and put this patent troll down.
The appeals court judges are potential future Supreme Court judges and the Democrats who will appoint the judges are in bed with the facebooks, googles and apples of the world who want to be able to use whatever patented tech that can take and pay nothing for it or the price they prefer. Even the judge that cost you the case went over to facebook! Most patents that are worth anything these days that the huge tech companies do not own are appealed to the PTAB and invalidated up to 88% of the time. In this political atmosphere the judges will act to stamp out patent trolls like PTSC in order to advance their careers. It should be an easy decision for them.
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