What prejudice has been proven? The concept that Defendants have been prejudiced when we they cropped the Table, and when they have drawn the unjust benefit from not only the cropped table, but from conclusively proven unrebutted statistical mistakes, is sheer nonsense.
We have established at least a prima facie case of fraud (Compare the cropped Kurabayashi Table in the Defendants' Proposed Findings of Fact, with the cropped Table in the Court's Opinion, with the full Kurabayashi Table). The omission of those two rows from the Table was material, in that they completely undermine the Court's finding of prima facie obviousness.
When parties such as Defendants set the judicial machinery in motion, but violated conscience, good faith, or other equitable principle in their prior conduct, the doors of the courthouse are shut to those parties, as courts will refuse to interfere on their behalf, acknowledge their rights, or award them any remedies. Aptix Corp. v. Quickturn Design Systems, Inc., 269 F.3d 1369, 1375 (Fed. Cir. 2001). Because of Defendants' wrongdoing, they cannot claim prejudice.
The entirety of the Court's holding on this is issue is indefensible, and completely contrary to facts and law. We will shred it on appeal.
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