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concapk

02/22/21 1:18 PM

#326181 RE: Invest83838 #326175

Keep in mind ( Judge Du ruling on obviousness -- stated that USPTO did not look at Mori/Kurabashi studies and results ) ... she had an agenda
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marjac

02/22/21 1:28 PM

#326185 RE: Invest83838 #326175

You could very well be right, Invest. We will put this to the test, because math and statistics do not lie. The math and statistics just have to clearly be brought to light, and then we'll see.
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Birdbrain Ideas

02/22/21 3:09 PM

#326201 RE: Invest83838 #326175

Though I'm not an attorney, I've read thousands of judicial opinions in my life. One thing that struck me as I read Judge Du's decision was that it had the rhythm and cadence of a ruling that gets overturned.

It sounded in her reasoning like she was trying to convince herself she was right as she wrote it and somewhat awkwardly at that. Then, with her analysis of secondary considerations, it sounded like a stronger argument to rule the opposite of how she was ruling than how she ruled.

That's why the Federal Circuit's borderline mocking of Singer during oral arguments and the pithy rejection the next day made me think the judges either thought their precedents were being made fun of or they knew Judge Du personally _ which is possible _ and thought Singer showed sexism in the scathing manner in which he wrote his legal brief. To rule in his favor may have seemed quite the embarrassment to Judge Du, given how Singer made her seem like an idiot for falling prey to 20-20 hindsight.