Rather than attack the patent DT attempted to get the court to change the priority date of the patent. If they succeeded in getting a more recent priority date, then the patent would fail on novelty, and a second nullity would have followed. That speaks volumes about the strength of the patent in light of prior art. I would think an appeal of this finding is a waste of time and effort. Are we sure it is being appealed? What is the liklihood that the appeals court would change the finding? If I read it correctly it sounded like the patent court was saying this is not the proper forum but felt that it was not possible to make the change now, even if what DT says is true.

Hopefully someone that is German speaking will correct me if I'm reading the decision worng.

Opty