I agree HL! I was very shocked to wake up to that news! I don't believe the Judges understand the Technology / SFOR IP and RG needs to find another way to explain!
RG is a world renown billion dollar law firm and signed up with SFOR because they know the IP/Patents are solid! They need to readjust fire and nail this target during the rehearing!
The Patent Trial Advisory Board (PTAB) has validated SFOR IP twice and denied DUO/Trustwave/Centrify IPR's on the last round!
The Supreme Court ruled PTAB is proper validity - Hello DUH!
https://www.lexology.com/library/detail.aspx?...b2b5b4adac
https://www.ipwatchdog.com/2018/04/29/supreme.../id=96579/
Then this damn Rule 36 which favors the courts heavy schedule and why it's used, but where's JUSTICE?! I think their hiding behind #1 since I believe they don’t understand the technology! If they did, it surly would have been reversed!
http://www.ipwatchdog.com/2017/02/14/federal-.../id=78261/
According to Federal Circuit Rules, a Rule 36 judgment can be entered without an opinion when it is determined by the panel that any one of five conditions exist and a written opinion would not have precedential value. The five conditions are:
1. The judgment, decision, or order of the trial court appealed from is based on findings that are not clearly erroneous .
2. The evidence supporting the jury’s verdict is sufficient.
3. The record supports summary judgment, directed verdict, or judgment on the pleadings.
4. The decision of an administrative agency warrants affirmance under the standard of review in the statute authorizing the petition for review.
5. A judgment or decision has been entered without an error of law
And….
Perhaps it is time to call a spade a spade and recognize what is really going on here. The Federal Circuit is using Rule 36 as a means of managing a docket that is increasingly out of control . Of course, the Federal Circuit’s docket has exploded primarily as the result of district courts using motions to dismiss to get rid of patents on eligibility under the Alice/Mayo framework , and also thanks to the extreme and unpredicted popularity of inter partes review (IPR). If the Federal Circuit were required to actually write an opinion in every case appealed the entire industry would be complaining about an unacceptable Federal Circuit backlog. Conveniently, Federal Rule of Appellate Procedure 36 envisions judgments being entered without an opinion and the Federal Circuit Rule 36 coupled with extremely liberal usage have taken this to new, and absurd, heights.
The problem remains – the Federal Circuit is using Rule 36 in an increasing plurality of cases that will soon become a clear majority of cases. Hiding behind this procedural tool that makes their docket more manageable only allows the real problems facing the patent system to fester like an open wound. Between the law being hopelessly uncertain, patent examiners that refuse to issue patents, and a PTAB that denies parties even the most basic due process, it is misguided for the Federal Circuit to think they can fulfill their Constitutional and statutory duties with an ever increasing number of one-word decisions that seem to be issued in direct violation of Rule 36 itself .
In the meantime the deals will continue on. The Gallagher-Affinity deal is a lot bigger than folks think, and don’t forget about our subsidiary BlockSafe Tech! I'm definitely buying more tonight at these very very blessed prices!
All the best,
R2R
RG is a world renown billion dollar law firm and signed up with SFOR because they know the IP/Patents are solid! They need to readjust fire and nail this target during the rehearing!
The Patent Trial Advisory Board (PTAB) has validated SFOR IP twice and denied DUO/Trustwave/Centrify IPR's on the last round!
The Supreme Court ruled PTAB is proper validity - Hello DUH!
https://www.lexology.com/library/detail.aspx?...b2b5b4adac
https://www.ipwatchdog.com/2018/04/29/supreme.../id=96579/
Then this damn Rule 36 which favors the courts heavy schedule and why it's used, but where's JUSTICE?! I think their hiding behind #1 since I believe they don’t understand the technology! If they did, it surly would have been reversed!
http://www.ipwatchdog.com/2017/02/14/federal-.../id=78261/
According to Federal Circuit Rules, a Rule 36 judgment can be entered without an opinion when it is determined by the panel that any one of five conditions exist and a written opinion would not have precedential value. The five conditions are:
1. The judgment, decision, or order of the trial court appealed from is based on findings that are not clearly erroneous .
2. The evidence supporting the jury’s verdict is sufficient.
3. The record supports summary judgment, directed verdict, or judgment on the pleadings.
4. The decision of an administrative agency warrants affirmance under the standard of review in the statute authorizing the petition for review.
5. A judgment or decision has been entered without an error of law
And….
Perhaps it is time to call a spade a spade and recognize what is really going on here. The Federal Circuit is using Rule 36 as a means of managing a docket that is increasingly out of control . Of course, the Federal Circuit’s docket has exploded primarily as the result of district courts using motions to dismiss to get rid of patents on eligibility under the Alice/Mayo framework , and also thanks to the extreme and unpredicted popularity of inter partes review (IPR). If the Federal Circuit were required to actually write an opinion in every case appealed the entire industry would be complaining about an unacceptable Federal Circuit backlog. Conveniently, Federal Rule of Appellate Procedure 36 envisions judgments being entered without an opinion and the Federal Circuit Rule 36 coupled with extremely liberal usage have taken this to new, and absurd, heights.
The problem remains – the Federal Circuit is using Rule 36 in an increasing plurality of cases that will soon become a clear majority of cases. Hiding behind this procedural tool that makes their docket more manageable only allows the real problems facing the patent system to fester like an open wound. Between the law being hopelessly uncertain, patent examiners that refuse to issue patents, and a PTAB that denies parties even the most basic due process, it is misguided for the Federal Circuit to think they can fulfill their Constitutional and statutory duties with an ever increasing number of one-word decisions that seem to be issued in direct violation of Rule 36 itself .
In the meantime the deals will continue on. The Gallagher-Affinity deal is a lot bigger than folks think, and don’t forget about our subsidiary BlockSafe Tech! I'm definitely buying more tonight at these very very blessed prices!
All the best,
R2R
2
Zerify Inc (ZRFY) Stock Research Links
$SFOR/SFT and BSAFE/BST STRONG!!!!
Parent: https://www.strikeforcetech.com
Subsidiary: https://www.blocksafetech.com
Parent: https://www.strikeforcetech.com
Subsidiary: https://www.blocksafetech.com
