Zpaul's right! Not on docket = immediate reversal
Post# of 82672
Like, when has Zpaul ever been wrong? ( like never lol)
He posted the last few day going back to friday how excited he was, no how giddy he was, that SFOR /SA hearing was not on the docket and he expected a reversal anytime. He is in expectation of a reversal 8K any time.
He also noted that there were 2 cases missing from numbers on the docket. I think inferring SFORS was one of them. Hope he can revisit that in a post today
In response to this there was some confusion in some threads yesterday regarding oral arguments , and the need for a hearing in the process with or without an oral argument. I wasn't completely clear on it either. So with that understanding ,if you needed to be on the docket to get the hearing and reversal then, then yes not being on the docket was important to us. And depressing that we were not on it! However We were ...
WRONG! WRONG, WRONG!!! ZPAUL was correct! .
I did a google search to get a clearer picture of "written on briefs means. And there it was just as Zpaul had posted a day or so ago.
What does case submitted on briefs mean?
From the google search:
Quote:
What does case submitted on briefs mean?
Submitted on the briefs means that there will be no hearing / oral argument . The Court will issue it's ruling based only on the written briefs submitted by the parties. That usually means the decision will be issued faster , and that the court does not think it is a tough or close case.
Why is this good news.
If this case is "submitted on briefs" , you wont see SFOR vs SA on the hearing docket , why?
Because the outcome listed above "submitted on briefs" for SFOR is faster in reaching a decision, it's where the Appeal judges rule on the case, base solely on the written "submitted briefs" submitted by the lawyers to the judges. The criteria? That the judges feel the case is so one sided , so heavy with evidence for one side, that it's not even close. They don't want to clog the docket with cases that are so easy to decide, that they can make a quick judgment and ake time for cases that are more complicated.
That certainly describes Judge Kronstats misuse of alice 101, dismissing a patent from a company with 2 PTAB victorys. He has a history of misusing Alice 101 as one of his other Alice 101 rulings was overturned.
Therefore a decision from the Appeal Judges to overturn the dismissal could come anytime without a hearing or oral arguments. The Appeal Judges can simply decide on their own, based on the written submitted brief of the lawyers, if it is so one sided, if its a simple case.
If you have read the briefs from both law firms , you know this fits that description perfectly. They could easily see that SFOR got shafted by Kranstat and it has cost SFOR significantly and the slimy douchiness of DUO's willful infringement and SAs lawyers brief aka as a waste of the courts time, and I could see them wanting to NOT drag this out unnecessarily to the further financial harm of SFOR.
SO to be clear...
Judges can make a decision based solely on reading the briefs supplied by both law firms. They make the decision and submit it to everyone, based on the briefs, thus ; "submitted on briefs" means no hearing/oral argument needed
That means its not necessary for the lawyers to be there. The Appeal Judges read both briefs, just like we did, then they can make a judgment on behalf of of the party that has evidence that is so compelly its an easy call, then they will notify the Attorney law firms of their decision. ( I am redundant I apologize)
So it means for us today, now, as you read this, the reversal can indeed happen at any time , at any moment. If we are not on the dockets then that is indeed good news. If we end up on the docket so what , we will still win. But everyone is wondering why we are not on the docket and it is not a bad thing.
A reversal could be imminent. Now I am as giddy as zpaul was yesterday. I am on 8K watch!!!
We are going to win this reversal either way. Its a slam dunk, but we kind of needed a little break an emotional kick in the pants and this just might be it! SO chin up fellow SFOR longs!!
Thank you zpaul another great encouraging find! Did I say I am on 8K watch!!!
I tell you this poster zpaul shows some promise, you think? lol I think he deserves a raise to a new pay grade on this find! or a big heartfelt thank you !