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madprophet

03/21/18 7:48 PM

#31340 RE: 22na22 #31336

Facts don't phase them. Commons sense doesn't work.

Anyone can voice their opinion on remand/no remand,
It is all subjective at this point, here is what I think and why.
Some are obviously much better at that than others.
BUT NOBODY KNOWS what the Judges will do.
Remand was not a subject talked about much if at all before oral arguments,
now the Judges talk of remand. NOt me, not 22, not anybody else on the board, none of magically fabricated the possibility of a remand.
Read whatever you want to into oral arguments. Maybe you don't care if there is a remand, but I certainly do. A second chance for PTAB to do what PTAB does and that is kill patents, a second shot for Mayer to end up on our Judge panel if that is even possible, I don't know, but that should scare the crap out of people. Scares the crap out of me.
So yeah, remand, it is a viable option now!
Judges talked about a remand.
Now whether or not you think it will happen is
not important. what I am trying to find out is
if it does happen, what effect it has on time to get to district court.
Can the remand then be appealed back to the CAFC, which from what I gathered, it sure can. Read about a case appealed twice to CAFC 1 before remand, 1 after.
Guidelines are new for remands as of Nov 2017.
before that at least 1 remand went over 11 months.
As far as I can tell there has been no remands with decisions since the inception of new guidelines.
The guidelines state in certain scenarios more than the 6 month window is allowed. ANy idea what those scenarios are? They don't say, so yeah
I am looking into it and talking about it.
BECAUSE IF A REMAND there will be even more uncertainty surrounding
WDDD and its timeline. Uncertainty causes fear, uncertainty in IP plays cause price decline.
I have cited articles in which on remand the PTAB went back and invalidated previously validated patents.
If an appeal on remand to CAFC , do we get the same Judge Panel, or is there a chance that we end up with Mayer on the second go round.
We really shouldn't be the only one doing any research on this, all of that should perk your ears up and say, hey...what if a remand does happen, WHAT NEXT???