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Originally Posted by hf1khal
Thanks. I was hoping it would be a gorund for appeal as the patent office said that their decision was based on prior which was not considered durring the court proceedings. I thought this would have been a technicality that RIM could use. Again thank you.
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I think the recent rejections of the patent office should be taken into account, but it appears that is simply wishful thinking. There are two very different processes in play right now, and one of them is coming to an end of the appeals while the other is simply about to start its appeals (the USPTO appeals won't last too long, whereas the judicial appeals process will likely be the delay, if any). Judge Spencer has made it known that he wants the case off his plate, but ignoring the public interest, the millions/billions of dollars at stake, the patent office rejections, the recent prior art findings to refute the patent claims at the heart of the case, etc., is a bit ridiculous and premature.