K&L Gates IMO was either one confident in their so

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K&L Gates IMO was either one confident in their sole brief and a 9/19 court case ruling they cited OR realize they have a shallow defense and letting the judge rule base upon the circumstance presented by QTMM Attorney Mimms?

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First of all K&L is not presenting a defense; they are appealing the lower court's ruling on their motion to dismiss. Second, and even more obvious, K&L said nothing about not making oral arguments today. They told the clerk the would not be presenting additional exhibits at oral arguments. There is a fee if you do.

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I will be the attorney presenting argument to the Court on behalf of Appellant K&L Gates LLP, which does not plan to present any separate oral argument exhibits beyond those in our briefs.

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https://www.txcourts.gov/3rdcoa/practice-before-the-court/