I have. I am not saying it is more likely though. I am not predicting it will happen. Same chances as before, if it even goes that far. I simply can't imagine a remand decision won't get appealed by the losing party. SO It worried me the first time around so yes it would worry me the second time around as well. It is not more or less likely, we dodged a bullet the first time maybe we dodge a bullet a 2nd time around. The point is I am not fond of dodging bullets.
That has nothing to do with Gambler's Fallacy. Mad never said we're more or less likely to lose to the PTAB if we go again, the odds are exactly the same. Which are BAD for patent holders.
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