If we win a reversal with Rule 60 I'm going to be shouting in the streets and get Vanity plates for my car that says "MRJKRLS!" :-). I'm so appreciative of everyone's work in at least fighting hard for this regardless of outcome. I think even though we probably don't get the miracle I would like with the Rule 60, it may play a very important and pivotal role in the SC case. As the court clerks compile history for their justices and review the initial case, the appeal briefs and ongoing litigation including the Marjac briefs with their appointed justices they work under it can be persuasive. They can't use the arguments from this case of course to rule on the the appealed case but the flaws of Judge Du's decision mentioned directly from the Rule 60 can sway a person to find reasons to lean toward overturning the court's decision at the SC level. Just human nature....and maybe just wishful thinking on my part. I can accept that.
The SC case is still a long shot but IF we get a hearing before the justices, I think then we have at least a coin toss or better because it means at least 4 of the judges want to make this an example of how these patent cases should be tried and be very specific in the role of secondary considerations and correct application of Graham's principles in determining Prima Facia obviousness.
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