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VirnetX Holding Corp Message Board

  • peterrbrady peterrbrady Jul 2, 2013 5:47 AM Flag

    August 15th hearing

    There is a lot of discussion on IV regarding the possible motives behind the court hearing set for August 15. Much of it suggests the judge is pressing for a settlement. This I don't think is accurate.

    The judge is not going to determine what "colorably different" without a hearing specifically addressed at the issue. He would need first allow and understand Apple's (and VHC's) arguments before issuing a ruling.

    If he did not proceed in this fashion and made the determination himself, he would have left himself wide open to a reversal on appeal.

    Case law reveals that a hearing is warranted on the issue of "colorably different".

    He is really moving the case along by doing this in 6 weeks. You could easily find a judge to make you wait six months.


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