Judges will be influenced by evidence pre trial. I
Post# of 82672
However If they had something big in the way of new evidence to pull out, it would have been submitted it via supplemental authority. Nothing was submitted.
Knobbe Marten added nothing to their argument, so they are going to have to spin a believable tale of how Ancient Greeks and Parents with school children have a bearing on this case. Should be interesting if not amusing.
Cant wait to hear how the judges dismantle this reasoning or even if they can keep a straight face during their argument. I wonder if Knobbe Marten can keep a straight face while arguing it. Should be a mixture of confusion and laughter s as all involved try to keep composure and display proper court decorum. lol
In the court there will be a lot of confused expressions as well as those those trying to fight laughter in court by judges and both attorneys during KMs Ancient greeks schoolyard oral pleadings and 101
Back to the Judges favoring SFOR pre trial , how could the Judges not be influenced, the Briefs submitted by both parties present their respective cases in written form. The evidence is so ridiculously so one sided by case law in SFORs favor. In cases like these Judges can make decisions on Briefs. I think RG wanted this to go to Oral to have their new evidence discussed and judges to comment on the evidence for future infringers and judges to review. imo
Judges will base their questions for the attorneys oral explanation and clarification on the key points of the evidence already submitted in written submissions seeking clarification on just a few points.
Both lawyers will try to plead the strong points of their position. 1st RG then 2nd KM then 3rd RG gets last word in rebuttal. Judges will be scrutinizing lawyers as they plead, accepting some points and challenging or even dismissing and asking lawyers to move on from points they deem NA or moot.
You can't fool these judges. The issues and cases filed in support here is nothing new to them. The same case law submitted week in week out.
They only things new to be added are by Ropes and Gray and its huge, and it is all in SFORs favor , and it is the consideration of evidence previously ignored by Kronstat. That evidence consists of a rock solid PTAB decision as well as the recent Precedent case submitted, lastly the recent SCOTUS guidance on PTABs. The force of that evidence will PULVERIZE Kronstats Alice 101 dismissal .etc.
R&G gets last shot with Rebuttal, they want to brand on the minds of the Judges before they adjourn for decision, they want the key points, seared into judges minds by dramatically clarifying and emphasizing the legality of SFORs patent precedent ,SCOTUS guidance on PTAB etc, and the folly of Knobbe Martens case Greek etc , also exposing the misapplication of law on 101 by Kronstat and lastly the injustice and financial suffering to SFOR demanding / pleading that the 101 dismissal must be immediately reversed!!! I am sure they will come up with something colorful to make the point stick in the minds of those judges.
No more than a couple of days IMO to decide this case.