As i stated about a month ago after the PTAB proceeding if i am correct November 15th i believe (someone can check) is the date the patent expires +/- a day or so.. again i could be wrong.
My interpretation of the Philips v BRI is:
If the patents are due to expire during the proceedings, then yes Phillips is the expected format to be used.
Should the patents be expired prior to the ruling then BRI would be the expected format.
Now i know that there will be some that disagree with the above but it is how the law actually reads.
See "IF", IF the PTAB comes out with a ruling using BRI prior to the expiration date, then they pushed it through (fast tracked) the ruling to take advantage. Now with ALL the claims (53?) all the patents, all the arguments and the 5 hours of PTAB Q&A to digest, then it will be clear that they wanted this dead. because it will take from the time of the PTAB meeting assuming Monday through Saturday-1/2 day that they work, not to mention all the other cases they have to digest and write up.
There was no doubt at the PTAB court they were already well, well versed as to the arguments and the issues at hand.
Me personally i believe if the decision comes prior to the November expiration date then they have already made their minds made up and had begun their paperwork ahead on time.....
Should the decision come after the expiration date then there is a better chance that they waited for information from bungie and Worlds at the PTAB court date and took into account (as they should ) all information provided before making up their minds...
Furthermore, the bigger issue here in my mind:
Is the PTAB going to fight bungies/atvi's battle for them?
or
Is the PTAB going to go by what has been presented?
Contrary to anyone saying you cannot infer from the PTAB date - inflection and the questions asked and answered all around it did mean something to me...
As much as i was pleased that bungie did not preform well, that they did not make a clear convincing case and frustrated the judges on occasion, they also were asking some extremely pointed questions almost seaming to "lead" bungie on, - going as far to say,
(i paraphrase here) So what is it your looking for us to do here. it was something close to that.. that was truly the only thing that made me sit up a bit,
My problem with that was basically, as judges they were to interpret the request using the written and oral arguments provided but instead got frustrated saying to the bungie council time and again that they didn't understand what was being asked of them, that is was going around in a bit of a circle... when discussing 2 panel avatars, 3d avatars, vs pencils and textures..
Anyway - of course i am long, its nothing hidden here, i hope like everyone else that the decision is based on Phillips...
GLTA
