Meant to add this to previous post Any thoughts on this?
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
Thank you ski for this informative post. I recommend all reading this. I have even a better feeling about our chances in court as each day passes, but this description about errors and likely de novo review is a shot in the arm. If our case is truly looked at by an appellate court that can comprehend Singer’s briefs without confusion and bias, it’s not a roll of the dice or a flip of a coin. It’s only about a schedule of calendar dates that need to be set up and checked off accordingly for eventual shareholder justice.
Vacatur and settlement is like a mortgage...it’s rent with debt.
Polpolski, Thanks for the info. The link you attached is very informative. I found the last paragraph very encouraging and hope the legal minds will review it and opine.