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  4. Decision Diagnostics Corp (DECN) Message Board

Driver from the other board: @GoBlue A couple o

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Post# of 11803
(Total Views: 318)
Posted On: 11/02/2018 2:26:17 PM
Posted By: weaver_525
Driver from the other board:

Quote:
@GoBlue A couple of other thoughts. The good news is that the appeal will go to the United States of Appeals for the Federal Circuit, a special appellate court created to hear patent, trademark and other like disputes. It has 12 justices and a lot of justices on senior status. Thus criminal cases and all the other types of cases involving Constitutional issues will not crowd patent cases out. Moreover the justices have unique knowledge and experience, unlike the trial judge in our case. When I was setting out the time line, I was thinking of the ordinary Court of Appeals. (Alzheimer’s struck again). Since this court has limited jurisdiction and a special concentration, it might hear and decide cases more rapidly. My guess is that it will. If KB is right in his assessment, this court should see the obvious error and quickly reverse and remand the case. It might even enter a judgment for DECN and remand the case for assessment of damages. I say this because the motion for a summary judgment would have stated that there are no factual issues in dispute that require testimony. If that is true, this appellate court might be able to enter judgment in order to expedite the case, as it would have the same issues as the trial court before it. Hopefully DECN’s lawyers will not dilly-dally around with a bunch of new side issues. We could see a ruling within 6 months, if all goes well.



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