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bim524

01/15/19 8:33 PM

#424202 RE: Paullee #424201

To me(and this is for patent law In general)

Since the affirmation of the infringement and damages came with rule 36
And the other appeals for ex part and ipr is still not out,
Does Baxter precedence not say that the patents are now valid/infringed (finality) and not up for debate anymore?


Unless the other two appeals also come back affirmed and then everything gets grouped together for en banc at the same time.

Common sense should also say that same judges wouldn’t rule valid/infringed on one trial while at the SAME TIME,rule that PTAB is correct for invalidity?
But what do I know?