(Total Views: 427)
Posted On: 08/29/2018 1:07:48 PM
Post# of 82687
100% agree.
I've posted about it before, but that Berkheimer decision out of the Federal Circuit Court (where SFOR is right now), combined with the Oil States Energy case from SCOTUS, appears to guarantee SFOR will, at the VERY least, have their appeal upheld and remanded back to Judge Kronstadt for a determination of fact. And since the PTAB has already decided twice about the fact the '698 patent is valid in two spearate IPRs, it would appear the Oil States decision would force Judge K to uphold that prior determination of fact (the validity of '698) made by the PTAB. Procedurally , I honestly cannot envision a way SFOR loses their appeal. Taken together, Berkheimer and Oil States, in my opinion, guarantees SFOR a win.
I've posted about it before, but that Berkheimer decision out of the Federal Circuit Court (where SFOR is right now), combined with the Oil States Energy case from SCOTUS, appears to guarantee SFOR will, at the VERY least, have their appeal upheld and remanded back to Judge Kronstadt for a determination of fact. And since the PTAB has already decided twice about the fact the '698 patent is valid in two spearate IPRs, it would appear the Oil States decision would force Judge K to uphold that prior determination of fact (the validity of '698) made by the PTAB. Procedurally , I honestly cannot envision a way SFOR loses their appeal. Taken together, Berkheimer and Oil States, in my opinion, guarantees SFOR a win.
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