Tainted PTAB Trial Risk. I believe the Claim being made is the PTAB Decision may been "tainted" by the Ex-Parte Communication to the Chief Judge (PTAB BOARD) by the Voip_pal insider. An appeals court could rule that this conduct was a violation of Rule 2.9 of the Code of Judicial Conduct. That rule prohibits any ex parte consideration or other communications made to a judge outside the presence of the lawyers or litigants concerning a pending or impending case.
This is a problem for Voip-pal and could serve to completely unwind the PTAB Decision altogether. The sad part of this is the decision will preempt the lift of stay and possibly send this back to the PTAB Board for another swing at the IPR pinata. All told another year of waiting and risk of loss at the PTAB. Definitely will hurt the stock value IMO.
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