Personally, I am betting on procedural error and a remand to the district court. Of course, my bet could be a loser, but at least I know my downside is about .03-.04 from here if you give value to MRMD and RLBD holdings. The upside is .20-.30 on a reversal by CAFC. Place your bets, or take your losses. And if you take your losses before the ruling, know that I will be accumulating your shares. And I really don't care whether you sell or not.
I am not here to convince anyone of anything but understanding the risk/reward. The appellate judges will rule whether the procedure was followed according to the law. The so-called "fix" is not in either way. Eyes wide open. If there is a reversal, I look forward to continued discussion here. If not, it's been a relatively pleasant exchange of ideas.
One more item...if the ruling is upheld on appeal, it does not mean that the MSFT case is completely dead. The case is filed in another jurisdiction, and if the attorneys are willing to shoulder the financial risk, it can still move forward. The district judge is not bound by the Casper ruling, and I believe the MSFT case actually involves distinct IP, though I could be wrong about that. Maybe CadillacDave can weigh in on that. GLTA!
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