this is not our first rodeo. It's not like decades have gone by without anyone checking.
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Those cases were 9th circuit, right? O v. G ended up in Federal Circuit for procedural reasons
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that difference will only be resolved at the SCOTUS level right?
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it depends on how you frame the issue. the Solicitor General in 2015 did not see it as a circuit split.
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Replying to @sarahjeong @knowtheory and
the way one perceives O v. G changes depending on how one frames 1) the API issue
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Replying to @sarahjeong @knowtheory and
2) some of the circuit level decisions regarding interoperability
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Replying to @sarahjeong @knowtheory and
There are a lot of legal folks who believe that O v. G is seriously flawed and inconsistent with prior law
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Replying to @sarahjeong @knowtheory and
right now it doesn't matter, because SCOTUS (for the time being) believed the other folks.
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Hm. The SCOTUS can choose not to accept appeals for lots of reasons. Not game over yet.
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