I agree. This is not a dead issue. Far from it. One little setback (ok, it was at least a medium sized setback, I'll admit that), does not derail the engine that could.
Correction: The Engine that WILL.
I have been in meetings all day, including ones with consulting attorneys who feel, strongly, that not only an appeal will be successful (after reading the decision in its entirety), but also that, should Voip-Pal be successful in getting a stay until the Supreme Court HP Inc. v. Berkheimer currently pending, and awaiting a brief from the US Solicitor General, so that this new case law can be applied in an appellate hearing, Voip-Pal has an excellent chance of prevailing.
Europe is not a "done deal" necessarily. There's really no such thing as a patent being beyond any scrutiny for revocation - major hurdles have passed, and European law and patent standards make the likelihood of prevailing in European courts, which WILL absolutely enforce a judgment (unlike that which we see in US courts) EXTREMELY likely - Translation: Infringers in Europe - which include Apple, et al, and so many more, are calculating their risk analysis right now, as Voip-Pal turns its attention to European prosecution, and both licensing and acquisition possibilities have become very real and current interests.
Europe isn't the USA. And by the way, they couldn't care less what the US Courts decide regarding patent matters. They don't actually respect our law all that much!
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