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Jasbg

11/07/21 5:53 PM

#359357 RE: alm2 #359350

alm2, Believe I understand your 'deep' analyses of why Judged Du - ruled as she did Marts 30 2020.

And deep respect for you - as an educated Law man - explaining these complicated facts of the Patens Case - so that even I can understand it.

ATB

Jasbg

marjac

11/07/21 9:01 PM

#359366 RE: alm2 #359350

alm, I think you nailed it in that she considered K and wrongly interpreted it due to Dr. Heinecke and the Cropped Table. That position comprises much of the core of our filing.

I disagree that she was doing her job properly. It is an inappropriate judicial activist position for a Judge to speculate on what POSA would have done, if POSA did not actually do so. Hers is textbook case of a Judge wanting a specific outcome, and then inappropriately molding the record to support the desired outcome.

Further, what is inexcusable on her part, is that when we brought to these issues to the Court's attention through the filing of the Rule 60/Rule 24 motions, she completely brushed us aside, having the audacity to say that our claims of fraud are "unsubstantiated", and then expressing sympathy for the alleged prejudice to the Defendants.

Meowza

11/07/21 9:16 PM

#359368 RE: alm2 #359350

Du can not be and is not being criticised for her actions

...

Of course she's being criticized! If judges don't like their bad decisions getting condemned, they can make better decisions instead of whining about criticism being "not helpful".

sts66

11/08/21 3:35 PM

#359436 RE: alm2 #359350

IIRC the USPTO initially rejected a certain patent, AMRN appealed and used Kura as a reference to prove their point (JL pointed this out, I believe), and the patent was then granted - how could this not have come up in the trial? Du was wrong on both counts - that the POSA didn't look at Kura, and if they did they would have found the patent obvious.