That is one of the things I am trying to find out.
Is the worst behind us?
I thought so, but a remand opens up a whole new can of worms.
Not saying there will be one, but there is a possibility
and if so that is more time, second crack for PTAB, a possible appeal of the remand to CAFC and might see Mayer the second go round.
No one knows what surprises lie ahead, and it seems like very few people even want to talk about what those might be. I as you already know try to find out what they might be, assign probabilities to those things and plan accordingly.
So by talking about what might not go right I am seen as poisoning the board. I haven't seen anyone post anything that says I am wrong about any of those possible things happening.
I have read articles and looked at cases where the PTAB on remand found patents invalid that they previously found valid. It happens, and remands are a small sample size. They didn't even use new evidence just looked at same stuff in a different way.
I don't know how a CAFC of a PTAB remand even works, and having hard time finding info on it. One way or the other. BUt if it is possible to get Mayer on a remand appeal, to dodge that bullet twice...
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