(Total Views: 560)
Posted On: 12/30/2017 12:17:46 AM
Post# of 82686
The judge invalidated the claims base on the district courts method. PTAB IPR claims were dismissed after being compared to legitimate prior art claims (not greeks or Romans...)
Here is some interesting info. to read:
"The Federal Circuit will not change the standard of review for appeals from the Patent Trial and Appeal Board (“PTAB”) in Inter Partes Review (“IPR”) proceedings—leaving PTAB findings of fact with greater finality than findings of fact made by a district court."
and
"Therefore, unless and until Congress or the Supreme Court aligns the “court reviewing court” and “court reviewing agency” appellate standards of review with respect to IPR proceedings, findings of fact on the record during IPR are afforded greater finality than those on the record of district court litigation."
The 2nd quote, in my opinion is very powerful. It appears that the Federal Circuit makes it's decission based on how the Supreme Court aligns itself. Therefore the Federal Circuit's decission should be the respected decission once they rule on the appeal.
Read the entire link and do DD during the 3 day weekend:
https://www.lexology.com/library/detail.aspx?...1f7664aedd
The only unfortunate part is that this will take time.
But this would have been a real disaster if the IRP were granted, thankfully the IPR went our way and will hopefully give us the push we need during the appeal process. So in the mean time I will continue to watch for the deals to hopefully be anounced in the next 30-60 days.
And also watch for announcements on the Block Safety subsidiary.
And Fox.
IMO
GLTA
Happy New Year to ALL
Here is some interesting info. to read:
"The Federal Circuit will not change the standard of review for appeals from the Patent Trial and Appeal Board (“PTAB”) in Inter Partes Review (“IPR”) proceedings—leaving PTAB findings of fact with greater finality than findings of fact made by a district court."
and
"Therefore, unless and until Congress or the Supreme Court aligns the “court reviewing court” and “court reviewing agency” appellate standards of review with respect to IPR proceedings, findings of fact on the record during IPR are afforded greater finality than those on the record of district court litigation."
The 2nd quote, in my opinion is very powerful. It appears that the Federal Circuit makes it's decission based on how the Supreme Court aligns itself. Therefore the Federal Circuit's decission should be the respected decission once they rule on the appeal.
Read the entire link and do DD during the 3 day weekend:
https://www.lexology.com/library/detail.aspx?...1f7664aedd
The only unfortunate part is that this will take time.
But this would have been a real disaster if the IRP were granted, thankfully the IPR went our way and will hopefully give us the push we need during the appeal process. So in the mean time I will continue to watch for the deals to hopefully be anounced in the next 30-60 days.
And also watch for announcements on the Block Safety subsidiary.
And Fox.
IMO
GLTA
Happy New Year to ALL
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