If the 101 decision was decided against us it is an appealable issue. Not saying that will happen and I agree with those who have said it would make no sense for the Court to allow the case to go forward for several months to kill it off at a later date. Also, when the Judge heard argument on the issue she did not want WDDD to present argument on part 2 of the 2 part process, necessary to derail the case. That would likely be an appealable issue as well if the Court ruled against WDDD.
If a new IPR is granted at the PTAB it could derail the case also. However, the case has passed prior IPRs and a new IPR should rely to a large degree on what was determined in the prior IPR. If an IPR went against WDDD it is also an appealable issue. The IPR is used as a tool by the infringer to slow or stop the patent enforcement process.
Any decision against WDDD, regarding the above mentioned issues, is not final as the issues are appealable. However, the appeals process adds months if not years to the case.
The real concern here is if new leadership at PTAB has a different outlook, which is very possible with a new administration in place. The PTAB became much more patent friendly under the prior administration but changes may be on the horizon.
As nice as it is to pursue big companies with deep pockets, there is always a concern that these companies use their huge profits and power to influence decisions or the patent landscape in general.
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