I am not saying our 6 claims are "guaranteed" but what I am saying is
1. The suggested examples of "concerns of Wallach and Mayer" are false comparisons of risk since there are important / material differences in the patents, precedents, recent changes in utilization of those precedents (two part Alice test), and most importantly the fact unlike the examples of "risk" cited, we have ptab / IPR validated claims going into the CAFC.
2. The PTAB is known to be more plaintiff friendly as their interpreting of claims is broader, so to get past them and have a group such as the CAFC now review those claims in a more restrictive fashion suggests quite clearly that once a claim is approved by the ptab seeing the CAFC overturn a valid claim is highly unlikely
3. For this reason I have repeatedly suggested to the board that the correct way to assess risk is not based on a boogeyman judge, but rather look at the percentage of PTAB validated (and Importantly via IPR) patents that have subsequently been killed by the CAFC - I bet it's extremely low
4. Thus, as I have said all along, brighter minds than those here (Susman) have assessed the risk of going to the CAFC vs District Court and chosen the route that maximizes value with consideration of risk.
5. Their (Susman) assessment would have included such data, an analysis of potential threats (nuclear or otherwise) and from their perspective the chances of losing claims is clearly pretty much zero, so at worst we likely only see upside if we get some rulings reversed.
6. Now I am not saying zero risk, I am saying the examples provided to suggest there is risk of losing existing claims is faulty logic based on the details of those cases (Alice rules have changed re VRNG; and as my previous post showed VHC issues were materially different from us as vhc DID NOT have valid claims reversed by the CAFC, but rather had IPR invalidated claims / rulings affirmed by the CAFC ).
7. As stated we have valid claims that must be overturned to lose. Quite suprised a "team of patent experts" wouldn't know such a basic difference.
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