IMO on 2/4 the appeals court hears the two sides t
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Posted On: 01/15/2019 1:05:51 PM
IMO on 2/4 the appeals court hears the two sides talk for 15 minutes each. They will have already reviewed the submitted arguments/briefs and other documents. In the days or weeks following Feb 4, they will write up their decision. It will be public.
I believe it is likely that the US Court of Appeals for the Federal Circuit will indicate that the SFOR patents are good and do apply. The USPTO already has said they are good. Other recent cases at the same appeals court support the arguments of SFOR. I expect the legal terminology from the appeals court decision will be IMO that they "reverse and remand' the case back to the district court.
Maybe there are other possibilities, but reverse and remand is what I expect. The district court judge short-circuited the case and ruled too early. It was appealed. IMO the Court of Appeals will send it back down for a trial but I think SecureAuth may settle after they lose the appeal.
Hearing "reverse" will be profound. Investors will notice. The arguments against the patents will have fallen away. It will mark the end of the legal maneuvering the infringers have been playing, and they will come to the table in good faith for settlement discussions over the following weeks.
IMO cases will settle with non-disclosure agreements after hearing support from the appeals court. If they don't settle, the lower courts will have trials where $ amounts are decided publicly. The legal team for SFOR (R&G) may consider taking a remanded appeal case through to a completed trial at a district court. Whether through non-disclosure agreements or through court orders, we will see money show up on the balance sheet of SFOR anyway.
Short answer, no one knows what amounts will happen. IMO the appeals court decision is the step before a lower court, or settlements, decide on amounts.
Just my opinions.
I believe it is likely that the US Court of Appeals for the Federal Circuit will indicate that the SFOR patents are good and do apply. The USPTO already has said they are good. Other recent cases at the same appeals court support the arguments of SFOR. I expect the legal terminology from the appeals court decision will be IMO that they "reverse and remand' the case back to the district court.
Maybe there are other possibilities, but reverse and remand is what I expect. The district court judge short-circuited the case and ruled too early. It was appealed. IMO the Court of Appeals will send it back down for a trial but I think SecureAuth may settle after they lose the appeal.
Hearing "reverse" will be profound. Investors will notice. The arguments against the patents will have fallen away. It will mark the end of the legal maneuvering the infringers have been playing, and they will come to the table in good faith for settlement discussions over the following weeks.
IMO cases will settle with non-disclosure agreements after hearing support from the appeals court. If they don't settle, the lower courts will have trials where $ amounts are decided publicly. The legal team for SFOR (R&G) may consider taking a remanded appeal case through to a completed trial at a district court. Whether through non-disclosure agreements or through court orders, we will see money show up on the balance sheet of SFOR anyway.
Short answer, no one knows what amounts will happen. IMO the appeals court decision is the step before a lower court, or settlements, decide on amounts.
Just my opinions.
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