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November 6, 2012

Discretion

RE40,449 claims an unimaginative voting system. Voter Verified unsuccessfully asserted it against Premier Election Solutions and Diebold. The district court held claims 1-93 not infringed, and 94 invalidated. The CAFC affirmed (CAFC 2011-1553). Most notable was how crookedly the deal went down. Voter Verified cited 17 instances of district court abuse of discretion. These included letting the other side introduce disputed expert declarations, refusing to allow discovery, and disregarding the court's own case management procedures to issue summary judgment against Voter Verified. The CAFC would have none of it. "Voter Verified's contentions are wholly without merit." Code words for "we don't care." District court judges, with "considerable discretion," can do as they please.

Posted by Patent Hawk at November 6, 2012 10:13 PM | Case Law