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jmspaesq

01/26/11 12:15 PM

#307964 RE: janicen_98 #307959

Jancien: NONE of us knows when the CAFC ruling will be issued. A few posters have analyzed the pattern of time from hearing to time to decision and if I recall, the average was actually about three months?

In this case, I think the Court already had a decision and DRAFT opinion written prior to the oral argument (author Newman?).

And I don't think the argument changed any minds on the panel and I think the fact that the ALJ wrongly applied the doctrne of claims construction and came up with an erroneous claims construction, was pretty clear.

I think the decision will be delayed by whatever time it takes NOK and IDCC to submit unredacted (in part or in whole) briefs so the Court can issue what IMHO will be a precedential opinion which is more intelligible than one filled with redactions.

Also if they're gonna issue a precedential opinion they'll probably take a little more time to make the opinion as well written as possible.

My WAG would be on or soon after Valentine's day but probably in February, latest by the Ides of March (Ides for NOK)

But none of us know.


At what point would we hear about the CAFC results? I cant see a ruling taking more than 2 weeks or so