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Re: JMRI case -- Implementation of the Federal Circuit's Opinion


From: Rahul Dhesi
Subject: Re: JMRI case -- Implementation of the Federal Circuit's Opinion
Date: Thu, 8 Jan 2009 05:33:11 +0000 (UTC)
User-agent: nn/6.7.0

Hyman Rosen <hyrosen@mail.com> writes:

>The District Court appears to have decided to ignore
>the meat of the opinion of the Appeals Court
><http://www.cafc.uscourts.gov/opinions/08-1001.pdf>
>while selectively reading just a bit of it and claiming
>to obey it....

No, he probably did the right thing -- notice he gave leave to amend. If
he rules in favor of JMRI without establishing enough facts, then the
defendant would contest that and maybe win. If JMRI refiles its motion
with more facts, it may get an injunction that would be upheld on
appeal.
-- 
Rahul
http://rahul.rahul.net/


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