Re: The conventional wisdom...
in response to
by
posted on
Jan 31, 2012 04:25PM
Or get heck outa dodge and get another MH ruling; from one that sees things differently on same claims. Is what they'll do IMO.
''The rulings of any federal district judge are considered "persuasive authority" in all other federal district courts. This means that those rulings are available for consideration, but are not "binding" on other federal district judges. Thus, Judge Ware may choose to follow the prior Markman ruling from Judge Ward, and, just from recollection, I seem to recall from reading some of the pleadings in the T3 case that this issue has indeed been itemized for consideration. However, no matter how well respected Judge Ward may be, other federal district judges, including Ware, are not required to abide by Ward's Markman ruling in the J3 case. It may well be that Judge Ware decides to give great deference to Judge Ward's ruling --- or he may not, solely at his discretion.''
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