Posts Tagged: "Judge Davis"

I don’t know why Microsoft didn’t present all the prior art in the Texas case sooner, and I can’t explain why they might have wanted to wait until after asking the Supreme Court to take the appeal before filing the most recent reexamination request. One thing is for certain though: Microsoft would be in a much better position at this point if it had filed the request a year ago. Had they filed the request sooner they might already be at advisory action stage now, which could have provided a stronger case for refusing to enjoin the defendant as was the case in Flexiteek Americas.