from yahoo board
Grass1973, all in my humble opinion.
"Does anyone have a handle on what is likely to happen when the court makes their decision public re the hearings on Dec 8? If they rule in favor of DECN, does JNJ get another chance to delay again by requesting an appeal?"
If DECN wins and the Federal Circuit Court "AFFIRMED" the ruling in the USPTO IPR process, J&J can delay about 9 more weeks, 21 days allowed to file for an en banc hearing before all 16 judges in that high court and then about 6 weeks for the en banc panel to rule, if they agree to hear yet another appeal. There are only about three cases every two months where an en banc hearing is granted between two and three percent. A denial of an en banc hearing could occur in as little as two weeks.
"If they overturn previous rulings and vote in favor of JNJ, is it game over for DECN?"
If the judges on the DECN panel think that J&J made their case on appeal, or that J&J diodn't make their case but the USPTO panel erred greatly, then the Federal Circuit Court will "REMAND" the case. There have been over 2100 rulings on appeal of IPR final determinations, and out of the 2100 one has been REMANDED in total, and one has been AFFIRMED in part and REMANDED in part. The new ruling when it occurs will not change the previous good ruling in the same court in late 2013. So, DECN will still be way ahead on points.
"What happens with a ruling on the 105 patent, and when will that be decided?"
There will be some sort of ruling between now and January 31 which means that a final mandate could be issued in about twelve weeks, nine weeks if en banc is requested by J&J, then 3 weeks for the Mandate.
"Bottom line in my mind is how much longer can this go on before DECN can get back to business and as an aside, is there really a plan to get back to business?"
I don't really get into the business issues in my posts, but do you really think J&J would be fighting like crazy if they thought there was no go-forward plan Less
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