Stokd
$NLST Something else with the EagleView example cited by Netlist in their motion that wasn't mentioned—while I was looking into other non-cited examples that support—among other similarities is that during the EagleView CAFC appeal there was a parallel stayed case with a non-related third party pending the patent's validity outcome...just like with Google & 912! 🎯
"When EagleView and Nearmap settled their litigation, there was actually a parallel, stayed patent-infringement lawsuit in the exact same district court (EagleView v. GAF) involving a subset of the same patents. Despite GAF being a completely non-related third party whose case was stayed pending the validity outcome, the USPTO Director moved forward with the remand and vacated the Board's invalidity decision."
"Yes, the USPTO Director absolutely can—and historically does—still step in to vacate an unpatentability ruling, even if a live controversy exists with a separate, non-settling party in a stayed district court case."
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