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rafunrafun

06/06/20 6:43 PM

#278580 RE: Bouf #278578

B -

Markman is right on the procedural obstacles to getting the new paper formally before the court



This paper is new but per the author, the evidence is not new. He says:

our detection of an error in the prior art does not constitute new evidence in the case that could not be considered by the Court of Appeals for the Federal Circuit. Rather, our observation constitutes a re-interpretation of evidence that was already cited multiple times in the judge’s opinion.



Clearly, the author obtained legal advice and/or is familiar with the trial and didn't just pull that statement out of his ass.