I chose not to respond to your prior post on this, but now I have to advise that the only thing that MAY be decided on the first court appearance in the appeal process is whether the appeal proceeding will continue. If the appeal does not pass the test of "worthiness", the process is stopped (why proceed on a non-issue?). If there's a mere chance of there being an issue, and the judge can be so persuaded, the process will continue as a normal court proceeding - complete with Jury.

Remember the word "argued"? That is referring to the oral arguments to be presented by the litigants on that first court appearance. The defendants agruing that the appeal is not worthy. The plaintiffs arguing that the proceeding is worthy - based on at minimum some level of doubt. IMO, we've got that nailed based on the ongoing action with the PTO. For this reason, IMO, the "event" on 6 May will be more or less a "non-event", because IMO everyone is aware of the ongoing PTO action and thus the worthiness of the appeal at this point in time. IMO, the appeal proceeding will continue, though this decision may be postponed awaiting a final decision by the USPTO. IMO, this is a probable outcome - the court deciding not to decide - yet.

If the USPTO decides that claim 29 is dropped from the patent, and none of the 25 newly added claims hold water (are not added), then the appeal would die. In any other outcome, IMO, the appeal will continue.

JMHO,

SGE