Saturday, July 23, 2016 1:45:43 AM
May lose it all but what the hell, been watching from the sidelines on this one for a while - thank goodness!
I read the documents as well and am no lawyer but here's my views and potential concerns.
- Agree that Bungie lawyers spent alot of time on trying to attack WDDD's witness.
This could be desperation or it could be legitimate in the legal world I don't really know the answer to that so its hard to read into it either way
- I noticed they tried to re argue claim construction (if I read it correctly). From what I understand we may be a bit fortunate that the Markman occurred prior as from what I've read the PTAB does utilize the courts interpretation in their decision process. They don't have to follow it per se, but not doing so creates issues up the appeals chain and it seldom does occur. Indeed, the few times it occurs its usually because its phillips vs bri and in this case given the expiration of patents we know phillips needs to be used at the ptab as it was at the district court. That being said, maybe I misinterpreted parts of bungie's submission - happy to hear your thoughts on if I read those parts correctly.
- my one concern is as I read through the WDDD witness testimony, it seemed Bungie's lawyers 'lawyered him up' really well. They had him spinning in circles and confused, you can see that by the number of objections. Again, not being a lawyer its hard to handicap what if anything that means.
My view is the patents are strong but we also know the ptab is a corrupt entity - its really a better chance we get screwed and have to go to appeals than ptab saying the patents are valid - and I think that's why the stock is where its at.
That being said, should they see them as valid, anyone in at these levels should see a 15-30x return immediately (on a halt)...or...it drops like a brick
The question would be, if the ptab kills them, how many here will hold for appeals given the stock is probably trading at 0.004 by that point?
Also, interesting change at ptab on appeals process - which may help us a bit
http://www.ptab-blog.com/2016/07/11/a-voice-at-the-table-the-new-pre-appeal-pilot/
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