Find me a BOD who report that they have a weak case for patents.
Yes they can amend the written documents, but given that Matt is a "patent lawyer", the documents would have been spot on right?
How would the trials provide any information that, via amendment of the application claims, can mitigate a lack of novelty and inventive step for all/most claims of a patent?
I'm not saying it's impossible for them to protect the IP.
I'm saying that they're off to a bad start and that doesn't look great with a "patent lawyer" at the helm.
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