I predict that if we get a reversal along these lines there will be an outpouring of sentiment that the court system worked and fixed the problem resulting from the trial court’s subpar work.
People with a financial stake in the outcome are poor judges of the integrity and reliability of the legal system. The human desire to blame others for wrongs they suffer is universal.
Clear and convincing procedural error is overturned 100% of the time. When there is clear proof of procedural error, there is only one verdict and that is overturn lower courts decision. Most cases with patent decisions do not have clear procedural error and thus fall into a different category of 5%. We are in the clear procedural error category, this with 100% overturn rate
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