As I understand the current state of things, the Alice decision is not necessarily going away or being overturned. I think the Berkheimer Federal Circuit case simply clarified that the second test under the Alice decision is to be solely treated as a question of fact, where previously, including in the SFOR case before Judge K., it was treated as a question of law, and therefore ripe for decision during a motion to dismiss. The Berkheimer case, if I understand correctly, basically says a MTD is not the proper stage to determine the second test of Alice, and that is for a fact finder. Now, that would still be the judge in a bench trial, but that could be jurors in a jury trial. Either way, it means the Fed. Circuit Court of Appeals is likely, at the least, to send SFOR's appeal back to judge K with the instructions to make a determination of fact as to the inventiveness of SFOR's patent claims. What makes that important is the fact that the Berkheimer case and the Oil States Energy Services case from the SCOTUS both came down AFTER Judge K's dismissal of SFOR's case in December, 2017. The Oil States case is important because it essentially places the PTAB's decision regarding a patent's validity during an IPR on the same level of authority as a normal Article III federal court. SFOR has already been through 2 separate IPRs before the PTAB and won BOTH times. If you're still following along, congratulations.
But seriously, in my slightly educated eyes, this means that in the timeline, after the dismissal by Judge K., the Fed. Cir and SCOTUS issued two decisions that, in combination, effectively state IPR decisions by the PTAB have the effect of a court ruling, and that SFOR has two court rulings that eliminate the question of fact under the second test of the Alice decision because they have already determined the facts. So, under Alice, the SFOR appeal must be sent back to Judge K for a determination of fact; and under Oil States, that fact is already determined (that SFOR's patents are valid) as held by the PTAB in the two successfully defended IPRs.
Whew. I need a drink. Anyway, Alice is not a bad decision, it just needed tweaking. It was tweaked by the Fed. Cir. in a favorable way for SFOR, and the Oil States case makes it clear how Judge K. SHOULD rule on the facts once it gets back in his courtroom. Although, ideally, the Fed. Cir. will recognize the inevitable outcome in light of all these developments that occurred AFTER Judge K's ruling, and simply reverse his decision with instructions to rule in SFOR's favor, in an effort to cut out a bunch of paper-pushing and delays in court filings and redtape bullshit formalities. If that happens, it will eliminate a lot of work for bureaucrats and save some taxpayer dollars.
Category: MarketsTotal Views: 68 By : EditorUpdated: 05-19-2024
Introduction: Another Trading Week Ahead
Prior to the beginning of yet another trading week, let us sift through all the noise and put our focus on those things which may have an effect on Monday the 20th of May 2024 regarding the stock market as well as wider financial systems. Hence, it is necessary for you to be aware of probable market movers, trends and economic indicators that might influence your investment strategies. Therefore following are what shrewd investors need to keep watch ov... Continue Reading
Introduction: Live Debt-Free
Are you burdened by multiple debts? Imagine a life without monthly payment worries, where you can focus on your dreams. Smart debt consolidation can make this a reality and lead you to a debt-free future.
We will explore creative approaches to tackle debt head-on and regain financial control. From understanding consolidation benefits to unique debt management methods, this blog guides you towards financial ... Continue Reading
Category: InvestingTotal Views: 135 By : EditorUpdated: 05-18-2024
Introduction
Before we get started let me just tell you that as a Wall Street analyst with two decades of experience, I've seen more than my share of investors get soaked. But fear not, I will share some of my wisdom on how to weather the storm.
Understanding Market Volatility
Before we go any further, we must learn to tame this beast called "volatility." It is a statistical measure of the dispersion of returns for a particular security or market index. Put simply, it is h... Continue Reading
Category: InvestingTotal Views: 205 By : EditorUpdated: 05-18-2024
Introduction to Smart Investing & Dollar-Cost Averaging (DCA)
This is for everyone, but especially those just starting out on their path to financial freedom, investing is often very scary. It can be overwhelming with markets constantly moving up and down and so much to learn! But don’t worry there is one strategy that has been around forever for being simple yet effective: Dollar Cost Averaging (DCA). This blog post will explore what this means and how it can help beginners and eve... Continue Reading
Category: StocksTotal Views: 195 By : EditorUpdated: 05-18-2024
Exposed: Insider Trading in Penny Stocks
Tales of fortunes made and lost are common in the world of penny stocks. These shares, which typically trade for under $5 each, can be extremely volatile and may deliver substantial profits for investors. However, they are often linked with fraudulent schemes and illegal practices such as insider trading. This post will explore what penny stocks actually entail and how insider trading operates within this risky investment arena.
What Exactly Are Pen... Continue Reading
Category: StocksTotal Views: 170 By : EditorUpdated: 05-18-2024
Introduction
In finance, economic indicators are crucial for investors who want to know how well the economy is doing and what the future looks like in the financial marketplace. They can be leading, lagging or coincident which means each type provides different information about different things. This post will be an introduction on economic indicators and stock markets.
The Importance of Economic Indicators in Stock Markets
Investors find economic indicators helpful because they guide... Continue Reading
Category: StocksTotal Views: 174 By : EditorUpdated: 05-18-2024
10 High-Growth Stocks that are Undervalued
In the world of investments, the term "undervalued" is said to be used in the same manner a politician gives promise. It’s mostly thrown around by analysts just like a street vendor selling hot dogs. However, those that can clear the market noise find stocks really worth it. They will tell you this feels like finding rare wine in a vinegar ocean. These are 10 companies which may seem abandoned by the market but could have some potenti... Continue Reading
Category: CryptoTotal Views: 217 By : EditorUpdated: 05-18-2024
Crypto Market Cycles Identifying Bull and Bear Phases
Market cycles can sometimes be hard to understand, even for people who have been investing for a long time. Fear not though because if you can predict how the crypto market will move then it is possible for you to make money from your investment.
Now we are going to explain the psychology of these cycles. We will give you tips on how to survive in this world of cryptos that keeps on changing its shape.
We do not stop until we have sh... Continue Reading
Category: StocksTotal Views: 234 By : EditorUpdated: 05-17-2024
Introduction
As we end another trading day on Wall Street What I Did After My High School Graduation, it is important to analyze how the market performed on May 17th, 2024. The Dow Jones Industrial Average (DJIA) reached a new all-time high which acted as one of the key highlights of the day. This took place against mixed movements in global markets and a ton of economic data releases that kept investors busy. Here is more information.
Market Performance
Dow Jones Industrial Average (DJ... Continue Reading
Category: BusinessTotal Views: 410 By : EditorUpdated: 05-16-2024
Crafting a business-winning strategy is like determining the direction of your business in the modern business world, which is currently so accustomed to turmoil and uncertainty caused by the rapidly changing market, and then what follows, the surviving squabbles of competition, adaptation to the consumers' needs ceaselessly changing. What will lead you to sustainability and help you create a unique competitive advantage through which you can stand out? It is up to the business strategy for ... Continue Reading