Re: NDCA effect on ITC....willWin and all....
in response to
by
posted on
Oct 10, 2013 10:22AM
My understanding is that unless the ITC reverses, both rulings stand as conflicting judgements. As such, the CAFC will really be the venue in which the matter is decided. Now if the ITC reverses, then that's a 100% win for PTSC and the CAFC case won't be needed.
As for willful infringement, I'm not sure any will be liable for that. Most "infringers" who were likely put on notice probably got legal opinions or did diligence in determining there was no infringement. And the fact that the ITC came down on the side of non-infringement would make me think that a pretty good case can be made for non-willfulness.
For the sake of PTSC, it's going to be critical for either the ITC to change its mind or for the CAFC to determine infringement. Given the government shutdown, I think the CAFC will get the case before the ITC could even potentially reverse. The CAFC likely is really where the buck will stop. This case will never be taken up by the Supreme Court.