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Message: Re: Ex Parte Reexamination Request Patent 5,491,774 Nose

although it is an interesting developement as well as a nice find, I don't think it will effect the Markman Hearing date. I strongly doubt that the judge will postpone the case waiting for the ruling by the USTPO. In fact, as of this date, there is no indication that it is even going to receive a full review. Having said that, there is always the possibility that the ruling could go against Edig. I am also worried about some of the cases before the US Supreme court which could restrict some forms of patent enforcement but our Markman will be done before that ruling is published.

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