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Legal Question--Can't find the Lawyer Thread (1 Viewer)

chet

Footballguy
I am going to keep the details vague because this is a live issue. I am not a lawyer so please forgive any mistakes.

I own a piece of a company that is suing some very large companies for patent infringement. The district judge ruled against us in a summary judgment; we appealed the ruling to an appellate court and gave oral arguments a few months ago.

The appellate court recently ruled against and dismissed our appeal. However, a review of their opinion revealed that the three-judge panel made a major error in interpreting our patent and that mistake formed the basis of their opinion. We feel that the panel wanted to find for us and if they had understood the patent, they would have dismissed the ruling and remanded.

If we request a re-hearing, can anyone handicap the chances of the appellate court granting our request? TIA
 
Another defeat for patent trolls.

What was even better is that they stripped the patent away.

It took a jury two hours to decide that Cloudflare was right, not just dismissing Sable's claims but invalidating Sable's patent permanently because prior art showed that "Sable’s patent covered, at best, only technology that had already been described by inventors at Nortel Networks and Lucent Technologies—leading routing technology companies at the time."


 
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It's significant that you've identified a major error in the interpretation of your patent by the appellate court. This could be a crucial factor in your favor if you decide to request a re-hearing. The fact that this mistake formed the basis of their opinion suggests that there's a valid argument for reconsideration. As you consider your next steps, it might be helpful to explore resources that offer guidance on navigating legal challenges in your specific industry. You might want to check out https://federal-lawyer.com/whistleblower-lawyers/government-contractor/ for valuable insights and strategies tailored to your situation.
 
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