I originally thought that as well but with opinion it would
I originally thought that as well but with opinion it would have given credence to their ruling and if they had substantial law to support their ruling to dismiss it would have been clear with an exclamation point. It would have said we are wrong based on current law and stated case law to confirm their opinion. Your right it was probably what they wanted but only on the assumption we would go away. Now with no opinion and we are being told by the apellate division that California ruled on the case correctly causes an issue in current federal patent law. We know what we have and it might not have been argued right with 4 judges. The ruling from the California judge was not based on merit or the law and the appellate punted it back saying he was correct. If the appellate had read the case and ruled on merit and actual current law our case should have been punted back to California in telling the judge not to step on federal guidelines and PTAB rulings. In both situations not having comments and or opinions slams both sides to credence of tax payers dollars in doing their job.. If the judges feel it was argued incorrectly then that is not a basis to punt reject an opinion. The case should be simply looked at factually based on true law and our patents based on real patent guidelines and decisions and they should and ruled accordingly.. It cannot be argued over for 20 minutes . If it’s too complicated then the judges should act prudent to ask for more back up and information which was not done! So at first glance I would say this is exactly what SA wanted but looking a little deeper you would think an opinion that follows their thought process would have really helped them and everyone else who we think infringed upon our patents. So we file it again and we wait. I can assure you this is a gun fight that we have been out drawed twice! We need to nuke them if we can as erraticating true infringers should be how things are handled going forward as our legal team needs to step up their game and throw nukes when you are losing a conventional war without the right ammunition as you face anhilation. I say al of this out of respect and believe we have something good. Bear.
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