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Microcap & Penny Stocks : FONR...Patent on Cancer Detection....
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To: Rob Wachowsky who wrote (143)12/3/1996 8:58:00 AM
From: John Soileau   of 560
 
David, it appears (to me anyway) that the trial judge's correction of the jury verdict (including the part that reduced Fonar's award) was
consistent with established patent law. I do not work in that area of the law, so my opinion is just another opinion, but my view is that the final judgment will be affirmed pretty much as is.
For what it's worth, MOST appeals result in affirmance of the decision below. Also, the decision below comes to the appellate court
clothed in a presumption of correctness--so the aggrieved party has
the burden of demonstrating error, that is, they must overcome the presumption that the decision was correct.

For an interesting background discussion of recent case law, and a brief review of the Fonar/GE case itself, you might want to check out the following:
cushman.com

I don't know how to post the relevant part to this thread or the other one...feel free to if you think it would be useful.

Regards John
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