Holy balls
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Actually, yeah, burden of proof appears backwards in trial. One expert said to me it was contrary to 9th Circuit lawhttps://twitter.com/TechStitcher/status/733028043875319809 …
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Really? Contrary enough to get the 9th Cir an appeal in on this same case? (& perhaps opine on Fed Cir screw-up of © law?)
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Sorry, deleted tweets because I misread your question. It'll always go up to Fed Cir. Fed Cir applies 9th Cir law. lol, I know
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I'd pay good money to see an in-chambers verbal throw down b/t Alsup and O'Malley on this case.
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i wonder if they've ever met IRL since the fed cir decision (or ever) and whether alsup pretended o'malley was invisible
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what kills me is that after O'Malley was appointed, she said as a D.Ct. judge she greatly appreciated the fact-finder role & 1/
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would give factual deference to D.Ct. judges who know their cases better; she knew the sting of arbitrary reversal by Fed Cir 2/
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then this case and... NOPE. (she made these remarks at a Giles Rich IP Inn of Court meeting) X/
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