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The information on Groklaw is not intended to constitute legal advice. While Mark is a lawyer and he has asked other lawyers and law students to contribute articles, all of these articles are offered to help educate, not to provide specific legal advice. They are not your lawyers.

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If there is a mistrial on patents also ... | 286 comments | Create New Account
Comments belong to whoever posts them. Please notify us of inappropriate comments.
If there is a mistrial on patents also ...
Authored by: 351-4V on Monday, May 21 2012 @ 05:58 PM EDT
What strikes me is this: If these folks can't arrive at a decision, how can we
expect the next set to do any better? By this I mean to say here we have the
best attorneys available, we have a very smart and very hard-working judge and a
jury though not technically inclined, at least trying very hard to understand
the questions before them. If these folks can't make sense of the arguments and
arrive at a verdict, who would? And then under what circumstances and at what
peril?

[ Reply to This | Parent | # ]

If there is a mistrial on patents also ...
Authored by: Wol on Monday, May 21 2012 @ 06:13 PM EDT
If Judge Alsup rules and closes the case, then it'll all go to appeal, and then
come back for a re-trial.

So no, I don't think a retrial will of itself invalidate any summary judgements.
What I do expect is that before a new trial, everything decided in this trial
will be appealed so stuff may come back from the appeal court.

That seems entirely in keeping with Alsup's modus operandi. Minimise the use of
court resources as much as possible - if we need a new trial let's get the
appeal out the way first so we don't then need a *third* trial to deal with
appeal issues.

Cheers,
Wol

[ Reply to This | Parent | # ]

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