Patriot Scientific

The answer to this question depends on too many variables, so the short form is, "I don't know". However, it can be said that if the SCt rules in Teva before the Federal Circuit rules in our HTC case (which seems unlikely based on the timing of each), and if the SCt says de novo is the wrong standard and that the correct standard even as to claims construction is "manifest error", then it may be more likely for the Federal Circuit to uphold the decision of Judge Grewal. Even then, of course, we would need to factor in the possible influence of the ITC decision, which adds at least some measure of uncertanity, although, IMO, not unduly so.

This discussion could get very long and highly theoretical based on the concept of retroactivity in light of jurisprudential versus statuory changes in the law, but I'll save that for another day.